(영문) 춘천지방법원강릉지원 2020.05.20 2019가단4232

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(영문) 춘천지방법원강릉지원 2020.05.20 2019가단4232

건물인도

Text

1. The defendant shall be the plaintiff.

A. Connection 17, 18, 21, 22, and 17 of the annexed drawings on the ground of Gangnam-si C in sequence.

Reasons

1. Facts of recognition;

A. On January 9, 2018, the Plaintiff entered into a lease agreement with the Defendant on a fixed basis as the annual rent of KRW 2,30,00,00 for the portion (B) which is linked in sequence with the said part (hereinafter referred to as “instant building”) among the items indicated in the drawings attached to the attached Table 17, 18, 21, 22, and 17 among the above buildings (hereinafter referred to as “instant building”) and for a period from January 9, 2018 to 24 months.

(Contract was drafted on February 1, 2018; hereinafter referred to as “instant lease contract”).

B. The Defendant prepared a written confirmation to pay KRW 1 million up to December 15, 2018 and KRW 8 million up to December 30, 2018, on which it was unable to pay the remainder of the annual rent of KRW 2.3 million to the Plaintiff. However, the Defendant did not pay the remainder of the annual rent during the year 2019.

C. On September 25, 2019, the Plaintiff urged the Defendant to pay KRW 1.8 million out of the rent in 2018 and KRW 2.3 million out of the rent in 2019, and sent a document verifying that the Plaintiff would terminate the lease contract and file a lawsuit claiming the delivery of the building and the rent in the event that the payment is not made within seven days.

Nevertheless, if the defendant did not perform his obligation to pay rent, the plaintiff filed the lawsuit of this case, including the content that the delivery of the complaint would substitute the declaration of termination.

[Ground of recognition] The fact that there has been no dispute, significant fact in the court, entry of Gap's 1 through 4 (including branch numbers), the purport of whole pleadings

2. According to the above facts, since the instant lease contract between the Plaintiff and the Defendant was lawfully terminated and terminated (the lease term expires), the Defendant is obligated to deliver the instant building to the Plaintiff and pay the Plaintiff the unpaid rent or unjust enrichment equivalent to the unpaid rent by the time of its delivery.

Furthermore, with respect to unpaid rent and unjust enrichment, only 500,000 won out of annual rent 2.3 million won.

유사 판례

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