(영문) 수원지방법원 2017.03.29 2016가단18933

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(영문) 수원지방법원 2017.03.29 2016가단18933

건물명도

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) 7,500,000 won and from February 1, 2017.

Reasons

1. Facts of recognition;

A. On March 26, 2015, the Defendant entered into a lease agreement with the Plaintiff, which provides for the lease deposit of KRW 15 million, monthly rent of KRW 750,000 (not later than the end of each month), and the term of lease from April 30, 2015 to April 30, 2017 (hereinafter “instant lease agreement”), and is residing in the instant real estate from around that time.

B. According to the instant lease agreement, the lessor may terminate the lease agreement if the lessee fails to pay the rent for at least two years.

C. As the Defendant did not pay two or more vehicles from September 2015, the Plaintiff sent to the Defendant a document verifying the termination of the instant lease agreement on the grounds of the overdue rent of at least two occasions on March 17, 2016, and the said content-certified mail reached the Defendant around that time.

The Defendant paid 8,250,000 won, out of the monthly rent of 1,5750,000 won until January 31, 2017, on six occasions between July 2, 2015 and December 6, 2016, and did not pay the remainder of 7,50,000 won.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 1, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant delayed the payment of monthly rent to reach two or more rents, and on this ground, the instant lease contract was terminated following the Plaintiff’s content-certified mail on March 17, 2016, which included the Plaintiff’s declaration of intent to terminate the instant lease agreement, reached the Defendant around that time.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff upon restitution, pay the Plaintiff the amount of KRW 7.5 million equivalent to the rent from the unpaid monthly rent to the unpaid monthly rent, and return unjust enrichment equivalent to the monthly rent calculated by the ratio of KRW 750,000 per month from February 1, 2017 to the date the delivery of the instant building is completed.

3. Conclusion.

유사 판례

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