(영문) 전주지방법원군산지원 2020.11.24 2020가단969

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(영문) 전주지방법원군산지원 2020.11.24 2020가단969

건물인도

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The Defendant, as the Plaintiff

(a) deliver the real estate listed in the Appendix “List”;

(b) from 8 million won and from March 2020.

Reasons

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each entry of Gap evidence Nos. 1 to 5 and Eul evidence Nos. 1 to 4 (including all numbers of documentary evidence with different numbers).

On May 20, 2015, the Plaintiff leased to the Defendant the real estate stated in the [Attachment List] List to the Defendant (hereinafter “instant apartment”) with a deposit of KRW 20 million, monthly rent of KRW 500,000,000, monthly rent of KRW 500,000, monthly rent of KRW 27,000 per month, and two years per month, respectively. On May 20, 2017, the Plaintiff agreed to renew the existing lease agreement with the Defendant and paid the rent of KRW 4,50,000,000, which was not paid before the renewal of the existing lease agreement with the Defendant until June 16, 2017, and the rent payment date shall be the 24th day of each month, but the contract may be terminated if the payment of rent is delayed for at least

B. However, the Defendant paid only KRW 2 million out of the unpaid rent of KRW 4.5 million to the Plaintiff, and did not pay KRW 4.3 million out of the rent to be paid by December 2019, and did not pay the rent thereafter.

C. On January 9, 2019, the Plaintiff sent to the Defendant a written notification of termination of the lease agreement to the effect that the lease contract is terminated on the grounds of unpaid rent, and the said written notification reached the Defendant around that time.

2. Determination

1. According to the facts found in the facts of recognition, since the lease agreement between the plaintiff and the defendant with respect to the apartment of this case was lawfully terminated due to the defendant's default, the defendant delivered the apartment of this case to the plaintiff to its original state, and the defendant shall pay to the plaintiff the amount of unjust enrichment equivalent to the rent of 600,000 won (=2.5 million won + the rent unpaid until February 2020 + the rent of 5,500,000 won which was not paid until February 2020) and the rent of 8,000 won which was not paid until the defendant delivered the real estate of this case to its original state.

The plaintiff is 5.9 million won that is unpaid before the renewal of the contract.

유사 판례

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