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Reasons
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(영문) 부산지방법원 동부지원 2018.07.18 2017가단217979
건물명도(인도)
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1. The defendant shall be the plaintiff.

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

(b) As from November 1, 2017, the amount of KRW 4,505,00 and KRW 4,500.

Reasons

1. Facts of recognition;

A. On February 20, 2016, the Plaintiff entered into a lease agreement with the Defendant on the attached list owned by the Plaintiff (hereinafter “instant real estate”) with the term of KRW 15 million, KRW 80,000 per month, KRW 880,000 per month, and KRW 2 years from March 1, 2016 to February 28, 2018 (hereinafter “instant lease agreement”).

B. After entering into the instant lease agreement, the Defendant occupied and used the instant real estate until now, and is engaged in string, furniture manufacturing, and interior construction.

C. Meanwhile, the Defendant, from August 2016 to October 31, 2017, did not pay 4.4 million won (=80,000 won x 5 months) and management expenses for the seven-month portion (=15,000 won x 7 months).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings

2. As seen earlier, the Defendant’s decision on the cause of the claim did not pay KRW 4,505,00 in the aggregate for five-months and seven-months of management expenses. The Plaintiff, while filing the instant lawsuit, declared that the instant lease contract was terminated on the ground of the Defendant’s delinquency in rent, etc., and it is apparent in the record that the duplicate of the said complaint reached the Defendant on November 15, 2017, and thus, the instant lease agreement was lawfully terminated.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay the Plaintiff the unpaid rent of KRW 4,505,000 and the unpaid rent of KRW 895,00 per month from November 1, 2017 to the completion date of delivery of the said real estate (i.e., KRW 880,000 (including management expenses) or the amount equivalent to the same amount of unjust enrichment.

3. Judgment on the defendant's assertion

A. The Defendant’s summary of the Defendant’s assertion begins from the underground room around April 2016, and the water leakage occurred on the second floor of the building.

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