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Reasons
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(영문) 울산지방법원 2020.06.12 2019가단118868
건물명도(인도)
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1. The defendant is against the plaintiff (appointed party).

(a) deliver 109.83 square meters per floor among the buildings listed in the attached list;

B. Does 2020.

Reasons

1. Facts of recognition;

A. On January 3, 2019, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the Selection Party C leased a lease deposit of KRW 10,83 square meters on one floor (hereinafter “instant real estate”) among the buildings listed in the separate sheet to the Defendant on January 3, 2019, with the period from February 1, 201 to January 31, 2021.

(hereinafter “instant lease agreement”). B.

The Defendant paid the Plaintiff the lease deposit of KRW 10 million and the monthly rent from April 2019, but did not pay the monthly rent from May 1, 2019.

C. On July 22, 2019, the Plaintiff sent to the Defendant a certificate of content that contains the intent to terminate the instant lease agreement on the grounds of delinquency in monthly rent for at least three months, and received the said certificate from the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the instant lease agreement was terminated on July 22, 2019 following the Plaintiff’s declaration of intent to terminate the contract due to the Defendant’s nonperformance of the obligation to pay monthly rent.

I would like to say.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff as restitution following the termination of the instant lease agreement, and to pay unjust enrichment calculated by the ratio of KRW 850,000 per month from May 1, 2020 to the completion date of delivery of the said real estate (the Plaintiff, from May 1, 2019 to April 30, 2020, deducted KRW 10,000,000 from the sum of unpaid monthly rent or unjust enrichment equivalent to the rent from May 1, 2019 to April 30, and to waive the remainder of KRW 20,000,000,000,000 from the remainder.).

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

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