(영문) 수원지방법원안산지원 2016.04.27 2015가단30800

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자간(%)

(영문) 수원지방법원안산지원 2016.04.27 2015가단30800

건물인도등

Text

1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and from October 19, 2015, the said real estate.

Reasons

1. The facts below acknowledged are either not disputed between the parties, or acknowledged as a whole in light of the purport of Gap evidence Nos. 1, 2, and 4, and there is no counter-proof.

The Defendant, at the time of October 23, 2003, leased the instant real estate from C to October 23, 2006, with the lease deposit of 30 million won, monthly rent of 1.2 million won, and the lease contract (hereinafter “instant lease contract”) continued to be impliedly renewed.

B. On October 19, 2015, the Plaintiff acquired the ownership of the instant real estate from the said C and completed the registration of transfer, and succeeded to the lessor’s status under the instant lease agreement.

C. However, as of October 30, 2015, the Defendant delayed the monthly rent of 31 months, and the Plaintiff notified the Defendant of the termination of the instant lease agreement on the same day on the grounds of the delinquency in payment of monthly rent, and around that time, the said notification reached the Defendant.

2. According to the above facts, the lease contract of this case was lawfully terminated due to the plaintiff's notice of termination on the ground that the defendant's second or more monthly rent was overdue.

Therefore, the defendant is obligated to deliver the real estate of this case to the plaintiff.

(2) In addition, the Defendant is obligated to pay the amount of money calculated by the ratio of 1.2 million won per month to the unjust enrichment equivalent to the monthly rent due to the possession and use of the instant real estate from October 19, 2015 to the completion date of delivery of the instant real estate, from October 19, 2015 to the date on which the delivery of the instant real estate is completed, from the possession and use of the instant real estate,

As such, the plaintiff's claim of this case seeking each implementation is justified, and it is so decided as per Disposition.

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