logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2019.10.22 2019가단114543
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

(b) As from March 1, 2019, KRW 10,160,00 and above.

Reasons

1. In full view of the purport of the entire pleadings, the following facts can be acknowledged in the entries in Gap evidence Nos. 1 through 6.

On December 5, 2006, the Plaintiff and the Defendant concluded a lease contract with a lease deposit of KRW 35,000,000, monthly rent of KRW 2,000,000, and the lease term of December 4, 2008, among the real estate listed in the separate sheet (hereinafter “instant real estate”), and the said lease contract has been continued by implied renewal between the said parties.

B. On January 18, 2018, the Plaintiff and the Defendant settled the deposit due to the Defendant’s delinquency in rent, etc., and the remaining deposit remaining after deducting the Defendant’s unpaid rent from the time of the settlement remains 3,700,000.

Meanwhile, the Plaintiff and the Defendant adjusted the monthly rent of KRW 1,575,000 from the above date to the point of time.

C. However, even after the Defendant continued to delay the payment of monthly rent under the above lease agreement, and on October 16, 2018, the Plaintiff notified the Defendant of the termination of the above lease agreement through content-certified mail, and the above notification reached the Defendant at the time.

As of February 28, 2019, the amount of the rent or unjust enrichment equivalent to the rent that the defendant paid to him as of February 28, 2019 reaches KRW 10,160,000 even after deducting the remaining lease deposit.

2. According to the above facts of recognition, the lease agreement between the Plaintiff and the Defendant on the instant real estate was lawfully terminated on October 16, 2016 on the grounds that the Defendant’s monthly rent was delayed.

As such, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring special circumstances, and pay the amount calculated by applying the rate of KRW 10,160,000 to the payment of the unpaid rent or return of unjust enrichment until February 28, 2019 and the amount of KRW 1,575,00 per month, which is the amount of unjust enrichment equivalent to the monthly rent from the date of the completion of delivery of the said real estate.

3. The plaintiff's claim of this case is justified.

arrow