(영문) 서울중앙지방법원 2016.05.04 2015가단5372422

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(영문) 서울중앙지방법원 2016.05.04 2015가단5372422

건물명도

Text

1. The defendant shall be the plaintiff.

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

(b) KRW 9,310,000 and this shall apply thereto.

Reasons

1. Facts of recognition and judgment

A. On March 30, 2012, the Plaintiff and the Defendant on March 30, 2012, are real estate indicated in the attached list (hereinafter “instant real estate”).

(2) The Plaintiff and the Defendant concluded a lease agreement with the terms and conditions that set the lease deposit amount of KRW 10 million, monthly rent of KRW 900,000 (prepaid on March 22, 2012), and the term of lease from March 22, 2012 to March 21, 2013. Thereafter, the Plaintiff and the Defendant concluded a contract with the term of lease extended by March 21, 2014 (hereinafter “instant lease agreement”).

(2) However, the Defendant, from March 22, 2012 to September 22, 2015, failed to pay KRW 9,310,000, out of the rent from March 22, 2012, and on November 12, 2015, the Plaintiff expressed to the Defendant that the instant lease contract is terminated on the grounds of the overdue rent for more than two years.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

B. According to the above facts of recognition, the instant lease contract was lawfully terminated on November 12, 2015 by the Plaintiff’s declaration of intent to terminate the contract.

As such, the Defendant shall return the instant real estate to the Plaintiff, and ② the overdue rent of KRW 9,310,000 from September 22, 2015 (the rent for the period until October 21, 2015) and the damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 25, 2015 to the date of delivery of a copy of the instant complaint, shall be paid to the Plaintiff, and ③ as sought by the Plaintiff, the unjust enrichment equivalent to the rent calculated at the rate of KRW 850,00 per annum from October 23, 2015 to the date of completion of delivery of the instant real estate.

2. The plaintiff's claim for conclusion is reasonable and acceptable.

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