(영문) 울산지방법원 2014.10.24 2014가단11801

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(영문) 울산지방법원 2014.10.24 2014가단11801

건물명도 등

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1. The defendant shall be the plaintiff.

(a) deliver 11 square meters of a single-story container container C located in Ulsan-gu, Ulsan-gu;

(b) July 2014;

Reasons

1. Facts of recognition;

A. The Plaintiff was a lessee of the instant building from D, and around May 20, 2013, the Plaintiff entered into a contract with the Defendant on deposit of KRW 5,00,000, monthly rent of KRW 800,000, monthly rent of KRW 17 each month, and June 17, 2013 from June 17, 2013 to June 17, 2015 to sublet the instant building (hereinafter “the instant sublet contract”), and D consented to the conclusion of the instant sublet contract.

B. The Defendant paid 800,000 won monthly rent to the Plaintiff until January 2014, but failed to pay 800,000 won to the Plaintiff on February 7, 2014, and thereafter, 300,000 won on March 26, 2013, and 400,000 won on April 18, 2014 (200,000 won on April 222, 2014), and 50,000 won on May 7, 2015 (10,000 won on May 7, 2014) to the Plaintiff (20,000 won on May 10, 2014) that only paid 0,00 won to the Plaintiff on May 10, 2010 through 30,010,000 won on May 10, 2014;

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 and the purport of the whole pleadings

2. According to the above facts of recognition, as of the date of the closing of argument in this case, the defendant was not paid two or more occasions to the plaintiff as of the date of the closing of argument in this case, and on this ground, it is obvious that the plaintiff's preparatory document on September 19, 2014, which stated the plaintiff's declaration of termination of the sub-lease contract in this case, was stated on the date of the second day

If such circumstances are met, it is reasonable to view that the instant sub-lease contract was lawfully terminated according to the Plaintiff’s declaration of termination on the grounds of the Defendant’s failure to pay rent for more than two years.

Therefore, the Defendant should deliver the instant building to the Plaintiff, and at the same time, from July 18, 2014 to the completion date of delivery of the instant building, the Defendant should return unjust enrichment of KRW 800,000, monthly rent from July 18, 2014 to the end date of delivery of the instant building.

On the other hand, the Plaintiff.

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