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Reasons
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(영문) 서울서부지방법원 2018.11.20 2018가단13281
건물명도(인도)
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1. The defendant shall be the plaintiff.

(a) deliver the two-story 121.82 square meters of all the buildings listed in the attached list;

B. October 1, 2018

Reasons

According to the reasoning of the judgment as to the cause of the claim No. 1 through No. 3, the Plaintiff entered into a lease contract (hereinafter “lease”) with the Defendant on June 201 with respect to the lease deposit of KRW 17 million, monthly rent of KRW 1.2 million, and the lease term of KRW 1.2 million, from July 10, 201 to July 10, 2013. ② After the renewal of the lease contract of this case, the Defendant entered into a lease contract of this case with the Defendant on the following grounds:

According to this, the lease of this case was lawfully terminated and terminated at the time of delivery of a copy of the complaint of this case.

Therefore, the defendant is obligated to deliver the real estate of this case, which is the object leased, to the plaintiff.

At the time of filing the instant lawsuit, the Plaintiff filed a claim for the return of overdue rent and unjust enrichment from the rent in arrears with the amount of KRW 11 million from September 11, 2018 to the completion of delivery of the building. The Plaintiff filed a claim for the payment of unjust enrichment equivalent to KRW 120,000 each month from September 11, 2018.

However, according to the evidence No. 4-1, No. 2, and No. 1, No. 4-2, and No. 4-1, the Defendant paid the Plaintiff the overdue rent and the amount equivalent to the overdue rent up to October 10, 2018 during the instant lawsuit, to the Plaintiff during the instant lawsuit. The overdue rent balance adjusted by the Plaintiff based on the money transferred until September 21, 2018 is KRW 4.8 million.

After that, on October 15, 2018, the Defendant’s delayed rent was settled until October 10, 2018 by remitting the amount of KRW 6 million (i.e., the amount of annual rent of KRW 4.8 million, which is equivalent to KRW 1.2 million on October 2018).

This recognition.

Therefore, the defendant from October 1, 2018 to the plaintiff in this case.

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