(영문) 서울북부지방법원 2019.01.17 2018가단127245

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(영문) 서울북부지방법원 2019.01.17 2018가단127245

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

(a) Of the first floor of the building listed in the separate sheet, each point of the attached sheet Nos. 1, 2, 3, 4, and 1.

Reasons

1. Basic facts

A. On January 20, 2013, the Plaintiff entered into a lease agreement with the Defendant, setting forth a lease agreement between January 20, 2013 and January 20, 2015, on the part (A) and 23.14§³ (hereinafter “instant real estate”) of the attached table Nos. 1, 2, 3, 4, and 1 among the 1st floor of the building listed in the attached table as indicated in the attached list, with the lease deposit of KRW 5 million, monthly rent of KRW 600,000 (payment on January 20, 2014, and reduction of KRW 50,000,000 from January 20, 2013 to January 20, 2015). In the event that a lessee fails to pay a rent for the second period at the time of the said lease agreement, the lessor agreed to be able to terminate the contract.

B. Next, the above lease contract was implicitly renewed, and the Defendant began to delay the rent for the lease term after February 20, 2017, and only paid KRW 3 million on July 10, 2018, and did not pay the remainder.

C. On June 12, 2018, the Plaintiff notified the Defendant of his/her intent to terminate the said lease on the grounds of the Defendant’s delinquency in rent by content-certified mail.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the instant lease agreement is deemed terminated by the Plaintiff’s intention of termination on the ground of the Defendant’s failure to pay two or more rents. Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay the Plaintiff the amount of unjust enrichment equivalent to KRW 5 million calculated at the rate of KRW 500,000 from the Defendant’s overdue rent or the amount of unjust enrichment equivalent to KRW 7 million (=500,000 + KRW 3 million) as of October 20, 2018, deducting the lease deposit from KRW 5 million from the lease deposit.

B. The judgment of the defendant as to the defendant's assertion is 3,209. The defendant's total expenses, such as electricity, gas, water, and livelihood, paid by the defendant on behalf of the defendant.

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