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Reasons
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(영문) 의정부지방법원 2018.11.16 2017가단28474
건물인도 등
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1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

B. KRW 16,500,000 and as regards this, August 11, 2018

Reasons

1. Facts of recognition;

A. On March 9, 2011, the Plaintiff leased real estate attached to the Plaintiff, owned by the Defendant, by setting the lease deposit amount of KRW 8,000,000, monthly rent of KRW 700,000, and the lease period of April 10, 2016.

(B) At the time, the Plaintiff knew the Defendant as C by using the name “C”.

From May 13, 2011 to September 26, 2015, the Defendant paid a total of KRW 31,500,000 to the Plaintiff, and paid KRW 4,900,000 on September 9, 2016.

[Ground of recognition] Evidence Nos. 1 and 2, Evidence Nos. 3-1 to 6, the purport of the whole pleadings

2. Determination

A. The above lease contract for India was terminated upon the expiration of the lease term, and even if not, the lease contract was terminated upon the delivery to the Defendant on July 11, 2018, stating the Plaintiff’s declaration of intent to terminate the lease on the ground that the lease contract was at least two years of arrears.

Therefore, the defendant is obligated to deliver the above real estate to the plaintiff.

B. (1) The Plaintiff claims the return of unpaid rent or unjust enrichment (1) from May 11, 2011 to August 10, 2018, the following month following the lease agreement, and the amount equivalent to the rent for the said period is KRW 61,60,000 (=8 months x 700,000). The Plaintiff claims the payment of the rent for the said period from May 11, 201 to August 10, 201, after deducting the amount equivalent to the rent or rent paid by the Defendant during the said period from KRW 32,90,00,000, the remainder of the lease deposit is 20,700,000, and damages for delay after August 11, 2018.

However, since from May 11, 201 to August 10, 2018, the amount equivalent to the rent for the above period is KRW 60,900,000 (=87 months x 700,000). The amount paid by the Defendant during the above period is KRW 36,40,000 (= KRW 31,500,000). As seen earlier, the difference in the above amount is KRW 24,50,000,00, and the amount is KRW 16,50,000 if it deducts KRW 8,00,000,000.

Therefore, the defendant is against the plaintiff.

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