(영문) 대전지방법원 2019.11.20 2019가단9733

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(영문) 대전지방법원 2019.11.20 2019가단9733

건물인도

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1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. On October 3, 2018, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff as follows with respect to the portion (A) of 66.36 square meters inboard (hereinafter “instant real estate”) (hereinafter “instant real estate”) that connects each point of the attached Form 1, 2, 3, 4, and 1 among the real estate listed in the attached Table list, which is owned by the Plaintiff, in sequence.

(hereinafter referred to as “instant lease contract”. From October 10, 2018 to October 9, 2019, the term of lease: 10,000,000 won as security deposit, and 800,000 won as security deposit, monthly rent (10,000 won as security deposit): If the lessee’s delayed rent falls short of the amount of rent for three (3) periods, this contract may be terminated.

Special agreement: The first two months during the lease period shall be leased free of charge.

B. The Defendant did not pay a rent for at least four months since December 10, 2018, when the period of free lease (two months) under the instant lease agreement expires. However, the Plaintiff sent a certificate of the content of the termination of the instant lease agreement on March 19, 2019.

C. After filing the instant lawsuit, the Defendant paid to the Plaintiff the amount of four months (from December 10, 2018 to April 9, 2018).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, since the Defendant was in arrears with more than three vehicles, the instant lease agreement was terminated at that time following the Plaintiff’s notification of termination of the lease agreement on March 19, 2019, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay the Plaintiff the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 800,000 per month from April 10, 2018 to the completion date of delivery of the instant real estate.

3. If so, the plaintiff's claim of this case is justified.

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