(영문) 서울중앙지방법원 2017.11.22 2017가단5119731

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(영문) 서울중앙지방법원 2017.11.22 2017가단5119731

건물명도(인도)

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1. The Defendant shall attach attached Form 318.18m2 to the Plaintiff (Appointed Party) and the Appointor, among real estate underground floors listed in the attached list.

Reasons

1. Facts of recognition;

A. On March 30, 2016, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the designated parties agreed with the Defendant as co-owners of real estate listed in the separate sheet, and on March 13, 2016, the lease agreement was concluded between the Defendant and the Defendant, setting the deposit amount of KRW 60,00,00,00,00 for the portion of (A) part of the ship, and KRW 20.96,00,000 for management expenses (hereinafter “instant real estate”) for KRW 1,2,3,4,50,000 for the leased real estate as indicated in the separate sheet, from May 14, 2016 to May 13, 2018 (hereinafter “instant lease agreement”). The instant real estate was delivered to the Defendant on May 14, 2016.

B. From November 2016, the Defendant did not pay rent and management expenses. Accordingly, on March 2, 2017, the Plaintiff sent to the Defendant a letter of intent to terminate the instant lease agreement on the grounds of delinquency in rent for more than four years, and a content-certified mail containing a declaration of intent to seek the name of the instant real estate, and the Defendant received the said value around that time.

C. Meanwhile, the Defendant currently occupies the instant real estate, and the Defendant’s total overdue rent and management fee as of May 31, 2017 are KRW 29,105,186.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Determination as to the cause of action

A. According to the facts of the judgment on the claim for the name of the building, the lease contract of this case was terminated on the ground of the Defendant’s body of rent, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff and the designated parties.

B. As of May 31, 2017, the judgment on the claim for the return of overdue rent and unjust enrichment (1) was based on the fact that the Defendant’s overdue rent and management expenses were 29,105,186, and the monthly rent and management expenses of the instant lease are 5,060,000 won [=4,950,000 won per month = 4,500,000 value-added tax amounting to 450,000 won per month).

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