(영문) 수원지방법원 2015.09.15 2014가단50292

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(영문) 수원지방법원 2015.09.15 2014가단50292

건물명도

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1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From 4,326,530 won and May 25, 2015

Reasons

1. Basic facts

A. On February 3, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant by designating the lease deposit amount of KRW 30 million, monthly rent of KRW 1100,000,000 (in the case of the instant apartment), and the term of lease from February 24, 2012 to February 24, 2014 as the broker of “C Licensed Real Estate Agent Office” (hereinafter “C Licensed Real Estate Agent Office”), and the Plaintiff signed the said lease agreement with the Defendant, but did not seal the Defendant.

B. The Defendant paid KRW 1.1 million to the Plaintiff by March 25, 2013. However, from April 25, 2013, the Defendant did not pay the same from April 25, 2013. The Defendant’s management fees for the instant apartment that was unpaid by March 2015 are KRW 6,826,530 in total.

Grounds for recognition: Gap 1, 2, 4, 11, and the whole purport of pleadings.

2. Determination

A. The plaintiff asserts that the contract of this case was terminated by the plaintiff on the ground of the defendant's delayed payment since April 25, 2013. Thus, the defendant asserts that the defendant should deliver the apartment of this case to the plaintiff, and that the rent (the rent from April 25, 2013) from April 2013 and the rent equivalent to the amount of unjust enrichment should be paid.

In regard to this, the Defendant agreed to pay the rent based on the instant lease agreement with the Plaintiff at KRW 50,00 per month, but the above rent was paid at a half-year rate until March 25, 2013, and agreed to extend the instant lease agreement under the same conditions as above, after the expiry of the lease term under the instant lease agreement, the Plaintiff agreed to extend the instant lease agreement under the same conditions as above. At the time, the Plaintiff at the time paid the rent to the Defendant as soon as the circumstances are good, and thus, the Plaintiff cannot terminate the instant lease on the grounds that the Defendant was not paid the rent.

B. (1) Determination of this case

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