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Reasons
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(영문) 수원지방법원안산지원 2020.01.31 2019가단65248
건물명도(인도)
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1. The Defendant shall deliver the real estate in the separate sheet from December 21, 2019 to the Plaintiff’s KRW 28,560,000.

Reasons

1. Basic facts

A. On December 16, 2017, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant as of 30,000,000 won for lease deposit, monthly rent of KRW 1,00,000 for rent (20,000 for each month) and March 13, 202 on the termination date of lease.

(hereinafter “instant lease agreement”). B.

After paying the lease deposit, the Defendant occupied, used, and profit-making from the instant real estate. On June 20, 2019, the Defendant filed the instant lawsuit seeking the delivery of real estate and payment of rent or unjust enrichment against the Defendant by asserting that the lease contract of this case was terminated, and accordingly, the Defendant had not been paid at least KRW 3,00,000 of the rent for 18 months (from January 20, 2018 to the payment from June 20, 2019) as of June 20, which was 18 months.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. According to Gap evidence No. 1 as to the termination of the instant lease agreement, if the delayed amount of rent of a lessee reaches three-year rents, the lessor may immediately terminate the lease agreement. The fact that the delay was at least three-year rents as of June 20, 2018 is identical to the foregoing, and the complaint of this case, on which the Plaintiff expressed his/her intent to terminate the instant lease agreement on the ground thereof, reaches the Defendant on July 10, 2019, is apparent in the record. Thus, the instant lease agreement was lawfully terminated on July 10, 2019.

3. Judgment on the plaintiff's claim

A. Since the instant lease contract was terminated as to the cause of the claim, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and the Defendant is obligated to pay the unpaid rent or unjust enrichment.

With respect to unpaid unjust enrichment, the fact that the Defendant paid KRW 21,900,000 among the 24,000,000,000, which occurred until December 20, 2019, is either a dispute between the parties or evidence Nos. 2 and 3.

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