(영문) 수원지방법원 2016.04.12 2015가단59739

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(영문) 수원지방법원 2016.04.12 2015가단59739

건물명도 등

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1. The defendant shall be the plaintiff.

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

B. From July 20, 2015, the above A

subsection (b).

Reasons

1. Basic facts

A. On May 11, 2012, the Plaintiff completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On September 19, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 5 million, monthly rent of KRW 900,000 (payment on September 20, 201) and the lease agreement between September 20, 2014 and September 20, 2016. Of the above lease deposit, the Plaintiff paid KRW 4 million by November 2014.

C. On March 30, 2015, the Plaintiff issued a notice to the Defendant that the instant lease contract will be terminated by content-certified mail on the ground that the Defendant did not pay KRW 4 million to the Defendant by the end of November 2014, and that the Plaintiff was in arrears for at least three months.

Around March 2015, the Defendant paid to the Plaintiff the instant lease deposit amount of KRW 4 million and delayed payment. From July 2015, the Defendant did not pay the instant lease contract again from around July 2015.

Grounds for recognition: A1-4, and the whole purport of the pleading

2. According to the facts of the above recognition, the instant lease contract was terminated around March 2015 or around November 26, 2015, which was served on the Defendant on the ground of the Defendant’s delinquency in rent.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff as restitution following the termination of the instant lease agreement.

In addition, since July 2015, the Defendant did not pay the instant rent from around July 2015. After the instant lease contract was terminated, the Defendant obtained the profit of the amount equivalent to the instant rent by occupying and using the instant real estate without any title, and thereby caused the Plaintiff to incur the loss of the amount equivalent to the said rent.

As such, the defendant is KRW 90,000 per month from July 20, 2015 to the completion date of delivery of the real estate in this case.

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