logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2020.07.21 2019가단251615
건물인도
Text

1. The defendant points out of the second floor of the building in the attached list to the plaintiff each point of 1, 2, 3, 4, 5, 6, and 1 of the attached drawings.

Reasons

1. Basic facts

A. On October 18, 2016, the Plaintiff leased the instant real estate to the Defendant with a deposit of KRW 5 million, KRW 480,000 per month (including management expenses), and the lease period from October 21, 2016 to October 20, 2017, respectively.

(hereinafter “instant lease agreement”). B.

On October 14, 2019, the Plaintiff: (a) on October 14, 2019, the Defendant did not pay the five-year rent (2,400,000 won) to the Defendant; (b) thus, the instant lease was terminated as a lessor; and (c) accordingly, notified the Defendant that the instant real estate should be handed over.

C. Meanwhile, as of June 21, 2020, according to the instant lease agreement as of June 21, 202, the Defendant’s unpaid rent is KRW 4,790,000.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, purport of whole pleadings

2. Determination as to the cause of claim, etc.

A. According to the above facts finding as to the cause of the claim, the lease contract of this case was lawfully terminated due to the defendant's delinquency in payment of rent, and the fact that the defendant possessed the real estate of this case until the date of the closing of argument of this case is not disputed between the parties. Thus, the defendant is obligated to return unjust enrichment from the time of termination of the lease contract of this case to the plaintiff without any legal ground, and thus, the amount of unjust enrichment from the possession and use of the real estate is equivalent to the rent of the real estate.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant real estate to the Plaintiff upon the termination of the instant lease agreement to its original state, and to pay the unpaid rent and unjust enrichment equivalent to the rents, calculated at the rate of KRW 480,000 per month until the delivery of the instant real estate is completed.

B. On the judgment of the simultaneous performance defense, the defendant is expected to reside in the real estate of this case until July 2020, considering the lease deposit, etc., and thus, objection is made to the plaintiff.

arrow