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Reasons
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(영문) 대전지방법원 2017.01.10 2016가단25161
건물명도
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1. The defendant is against the plaintiffs:

(a) deliver the real estate indicated in the annex;

(b) 2,600,000 won and its corresponding;

Reasons

1. Facts of recognition;

A. On October 1, 2010, the Plaintiffs concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the attached Form No. 20,000,000, monthly rent of KRW 1,200,000, and the term of lease from December 17, 2010 to December 17, 2012 with regard to the real estate indicated in the attached Form (hereinafter “instant building”).

B. On November 2010, the Defendant paid KRW 20,000,000 to the Plaintiffs, and received the instant building from the Plaintiffs on December 17, 2010.

C. From May 17, 2011, the Plaintiffs and the Defendant changed the rent to KRW 1,800,000 per month under the instant lease agreement, and thereafter, the said lease was implicitly renewed without amendment.

However, from June 17, 2015, the Defendant did not pay the rent stipulated in the instant lease agreement.

On July 7, 2016, the Plaintiffs sent to the Defendant a certificate of content that the instant lease agreement will be terminated on the grounds of a lessor’s delay, and the content certification reached the Defendant.

E. The defendant currently occupies and uses the building of this case.

F. Meanwhile, the Defendant’s overdue rent or unjust enrichment from the possession and use of the instant building is KRW 25,200,000 as of August 16, 2016 (i.e., KRW 1,800,000 per month).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Gap evidence Nos. 4 and 5, the purport of the whole pleadings

2. Determination:

A. According to the above facts, the instant lease agreement was terminated upon arrival of the Defendant around July 7, 2016, and thus, the Defendant is obligated to deliver the instant building to the Plaintiffs, as the instant lease agreement was terminated. As such, the Defendant is obligated to deliver the instant building to the Plaintiffs: ① the rent unpaid from June 17, 2015 to August 16, 2016, and the amount of rent and unjust enrichment from KRW 25,200,000, deducted from KRW 20,000,000, the remainder of KRW 5,200,000, each of the Plaintiffs, respectively, from KRW 5,60,000, = 5,200,000.

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