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Reasons
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(영문) 수원지방법원 2020.10.29 2020가단3822
건물명도 등
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1. The Plaintiff:

A. The Defendants deliver the real estate listed in the separate sheet;

B. Defendant B is the same as from March 1, 2019.

Reasons

1. Basic facts

A. On October 21, 2018, the Plaintiff entered into a lease agreement with Defendant B on a deposit of KRW 10,000,000 per month, the rent of KRW 800,000 per month, the lease period of KRW 300,00 per month, from November 30, 2018 to November 29, 2020 (hereinafter “the lease of this case”), and delivered the instant real estate to Defendant B on November 30, 2018.

B. From March 1, 2019, Defendant B did not pay the rent under the instant lease agreement.

C. From March 2019, Defendant C operates and occupies “D” in the instant real estate from around March 201.

On May 19, 2020, the complaint of this case, stating that the lease contract of this case is terminated due to unpaid rent, reached Defendant B.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The fact that Defendant B did not pay more than three rents after the conclusion of the instant lease agreement is as seen earlier. As such, the instant lease agreement was lawfully terminated upon the Plaintiff’s declaration of termination on the ground of delinquency in rent at least three occasions.

Therefore, the Defendants are obligated to deliver the instant real estate to the Plaintiff with the performance of their duty to restore, and Defendant B is obligated to pay rent or unjust enrichment calculated at the rate of KRW 800,000 per month from March 1, 2019 to the completion date of delivery of the instant real estate.

As to this, the Defendants stated that Defendant B gave the physical card to the Plaintiff, and that the Plaintiff deposited KRW 1,384,00 from Defendant B’s physical card, and that Defendant B paid KRW 1,384,00 from November 30, 2018 to March 2020, it should be deducted from monthly income. The Defendants asserted that the Plaintiff handed over the instant real estate to the Plaintiff on March 31, 2020, but there is no evidence to acknowledge this.

3. The plaintiff's claim is justified.

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