(영문) 광주지방법원 2018.11.06 2018가단10147

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(영문) 광주지방법원 2018.11.06 2018가단10147

건물명도 등

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1. The defendant shall be the plaintiff.

(a) deliver real estate indicated in the annexed real estate;

(b) KRW 1,400,000 and May 2018.

Reasons

1. Facts of recognition;

A. On February 1, 2018, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 10,000,000, monthly rent of KRW 700,000, and the lease period from February 23, 2018 to February 22, 2020.

B. However, the Defendant paid only one million won, which is part of the lease deposit, to the Plaintiff around February 2018, and received delivery from the Plaintiff around February 5, 2018.

C. The Plaintiff urged the payment of the remainder of the lease deposit from March 2018, but the Defendant did not pay the remainder of the lease deposit, and the Defendant did not pay the remainder of the lease deposit for two months as of May 9, 2018.

On June 4, 2018, the complaint of this case containing the Plaintiff’s declaration of intent to terminate the lease contract of this case on the grounds of the unpaid lease deposit and the unpaid rent.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 3 (including virtual numbers), the whole purport of the pleading

2. According to the above facts of recognition, the instant lease contract was lawfully terminated on June 4, 2018 on the grounds of delay in the Defendant’s obligation to pay the lease deposit and delay in rent for at least two years.

The Defendant is obligated to deliver the instant building to the Plaintiff upon termination of the instant lease agreement to its original state.

In addition, the Defendant is obligated to pay to the Plaintiff the amount calculated by applying the ratio of KRW 700,000 per month from May 6, 2018 to the completion date of delivery of the real estate indicated in the attached Form, as unjust enrichment after the termination of the instant lease contract with the amount of KRW 1.4 million overdue interest for the second-term overdue interest, which is unpaid to the Plaintiff

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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