(영문) 서울남부지방법원 2020.04.21 2019가단20553

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2020.04.21 2019가단20553

건물인도

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1. The defendant shall be the plaintiff.

(a) Of the fourth floor of the building listed in the attached list, each of the indication of the attached Form 1, 2, 3, 4, 5, 6, 1.

Reasons

Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 through 4, the plaintiff entered into a lease contract with the defendant on November 15, 2013 (hereinafter referred to as "the lease contract in this case"). The plaintiff entered into a lease contract with the defendant on the following grounds: on the fourth floor of the building listed in the attached Table Nos. 1, 2, 3, 4, 5, 6, and 1, with regard to the size of 417.3 square meters inside the ship connecting each point (hereinafter referred to as "the building in this case"), from January 3, 2014 to January 2, 2016; on the other hand, from January 3, 2016 to January 2, 2016; on the other hand, the lease contract was concluded with the defendant on the following grounds: on January 1, 205, the plaintiff added a lease deposit of 20 million won to KRW 4,700,000; on the other hand, the lease contract was amended to KRW 100.

According to the above facts, the lease contract of this case was lawfully terminated on November 18, 2019, when the duplicate of the complaint of this case reached the Defendant. The rent in arrears naturally deducted from the lease deposit and deducts all the rent in arrears of KRW 70,00,000 from the lease deposit, 56,710,000 in arrears would remain. The Defendant continued to occupy the building of this case, thereby causing unjust enrichment equivalent to the rent from November 1, 2019.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the Plaintiff the amount calculated by applying the rate of KRW 5,170,000 per month to the unjust enrichment equivalent to the rent from November 1, 2019 to the completion date of delivery of the said building.

Although the defendant asserts that he suffered damage from a tent due to the negligence in the management of the plaintiff's building and caused the excessive loss of power expenses while replacing the volume of electric power assignment, it is not possible to oppose the plaintiff's delivery and the claim for rent. Therefore, the above assertion is rejected.

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