(영문) 울산지방법원 2015.01.27 2014가단15247

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(영문) 울산지방법원 2015.01.27 2014가단15247

건물명도 등

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1. The defendant shall be the plaintiff.

(a) deliver one floor of the buildings listed in the annex;

B. From February 1, 2014, 59,600,000 won and above.

Reasons

1. In full view of the following facts: (a) there is no dispute between the parties to the claim; and (b) comprehensively taking account of the purport of the entire arguments in the evidence No. 1-2, 2, 3, 2, 3, and 4, B leased one floor of the buildings listed in the attached Form (hereinafter “instant building”) to the Defendant on July 12, 199 as deposit 30 million won and 1.4 million won per month; (c) lease was implicitly renewed; (d) B died on May 29, 2013; and (e) the Plaintiff was dead on May 29, 2013; (e) the Plaintiff did not pay rent from October 208; and (e) the Plaintiff expressed his/her intention to terminate the lease agreement on the grounds of delayed payment of rent to the Defendant on January 22, 2014.

According to the facts of recognition, since the lease contract between the plaintiff and the defendant was lawfully terminated on or around January 22, 2014, the defendant is obligated to deliver the building of this case to the plaintiff and pay rent or unjust enrichment equivalent to rent after October 1, 2008.

I will look at unjust enrichment equivalent to the rental fee or the rental fee.

From October 1, 2008 to January 30, 2014, the sum of rent is KRW 89,600,000, and the Plaintiff is seeking the payment of KRW 59,60,000, which remains after deducting KRW 30,000 from the sum of unpaid rent from KRW 89,60,000.

Therefore, the Defendant is obligated to pay to the Plaintiff unjust enrichment calculated at the rate of KRW 1,400,00 per month from February 1, 2014 to the time when he/she delivers the instant building.

(2) On February, 200, the Defendant asserts that, prior to two years prior to the termination of the lease contract, the Defendant did not know the place where the lessee of the building of this case (the child of the building owner) discontinued the management and did not know the place where he would pay the rent, reduced the rent to KRW 1,100,000, and paid necessary expenses for the management of the building, etc.

However, the defendant.

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