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Reasons
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(영문) 수원지방법원 2016.02.18 2015가단37081
건물명도 등
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1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From June 2, 2015, above A

subsection (b).

Reasons

1. On September 11, 2014, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 20 million, KRW 110,000,000 per month, and KRW 200,000 from October 2, 2014 to October 1, 2016 (hereinafter “instant lease agreement”). After receiving the lease deposit amount of KRW 20,000 from the Defendant, the Plaintiff delivered the instant building to the Defendant on October 2, 2014, and the Defendant continued to pay the rent from October 2, 2014. Accordingly, the Plaintiff did not send the instant lease agreement to the Defendant on the grounds that the instant lease was terminated on the grounds that the rent was overdue, and the Plaintiff did not receive the payment of rent from the Defendant on February 27, 2015 as a whole, or notified the Defendant of the purport that the payment of rent was due to the delay between the Plaintiff and the Defendant on June 16, 2015.

2. According to the above facts of recognition, the lease contract of this case was lawfully rescinded by the plaintiff's notice of termination on the ground that the defendant did not pay rent. Thus, the defendant is obligated to deliver the building of this case to the plaintiff.

In addition, the defendant is obligated to return to the plaintiff the rent and the unjust enrichment from the rent calculated at the rate of KRW 1.1 million per month from October 2, 2014 to the date the delivery of the building in this case is completed, and 2.80,000 won per month is obligated to pay the management fee of KRW 10,479,060, which is not paid by the defendant as of June 1, 2015 (i.e., KRW 1,679,060 (= KRW 880,000). Thus, the remaining lease deposit to be refunded by the plaintiff to the defendant shall remain 9,520,940,000,000 won if it is deducted from the lease deposit of this case 20 million.

Therefore, the defendant calculated the ratio of KRW 1,380,00 per month from June 2, 2015 to the completion date of delivery to the plaintiff.

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