(영문) 서울중앙지방법원 2016.06.21 2015가단185005

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(영문) 서울중앙지방법원 2016.06.21 2015가단185005

건물명도

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1. The defendant is against the plaintiffs:

(a) 48.05 square meters per floor among the buildings listed in the attached Form;

B. 1,840,000 won and May 31, 2016

Reasons

1. Facts of recognition;

A. The Plaintiffs are owners of 1/2 shares of each of the buildings listed in the separate sheet (hereinafter “instant building”).

B. On April 11, 2014, the Plaintiffs concluded a lease agreement with the Defendant to lease the instant building by setting the lease deposit of KRW 20 million, monthly rent of KRW 1.4 million (excluding value-added tax), and the lease period from April 30, 2014 to April 30, 2016 (hereinafter “instant lease agreement”).

According to the above lease agreement, the plaintiffs may terminate the contract immediately when the defendant fails to pay the rent for at least two consecutive years.

C. On April 30, 2015, Plaintiff A sent to the Defendant a content-certified mail to the effect that the instant lease agreement is terminated due to the payment of the monthly rent, and the said mail was served to the Defendant around that time.

After that, the Plaintiffs filed the instant lawsuit seeking the payment of unjust enrichment equivalent to the name, rent, and rent of the instant building due to the Defendant’s continuous payment of rent, and the duplicate of the instant complaint was served on the Defendant on November 30, 2015.

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

2. According to the facts of the judgment on the grounds of the claim, the instant lease was terminated by the Plaintiffs’ declaration of termination on the grounds of unpaid fees.

Therefore, the Defendant is obligated to order the Plaintiffs to order the instant building and return unjust enrichment equivalent to the rent and unjust enrichment equivalent to the rent accrued from May 30, 2016 to the amount of 2,1840,000 won (with respect to the above amount, the Defendant does not have any dispute) unpaid from the rent of KRW 2,184,00,000,000, and the remainder after deducting the lease deposit of KRW 1.84,000,000 from May 31, 2016 to the 1540,000 won per month.

3. Judgment on the defendant's assertion

A. The summary of the assertion (1) The defendant is the gas of the building of this case.

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