(영문) 인천지방법원 부천지원 2018.04.06 2017가단16077

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(영문) 인천지방법원 부천지원 2018.04.06 2017가단16077

건물인도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. 11,880,000 won and November 30, 2017

Reasons

1. Facts of recognition;

A. On April 10, 2017, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with regard to the building listed in the separate sheet (hereinafter “instant building”) with the term of KRW 18,000,000, monthly rent of KRW 1,800,000 (after payment, the last day of each month, the payment of value-added tax separately), and the term of lease from April 30, 2017 to April 29, 2019.

B. The Plaintiff delivered the instant building to the Defendant according to the instant lease.

C. The Plaintiff and the Defendant did not pay the Plaintiff the rent from May 2017 under the instant lease. The Plaintiff and the Defendant drafted, on November 3, 2017, a plan for the payment of rent (hereinafter “instant agreement”) to the effect that “The Defendant’s rent, etc. from May 3, 2017 to September 2017 is divided into four occasions from November 11, 2017 to February 30, 2018 (the plan for the payment of rent is indicated as February 30, 2017; however, it appears that the obvious clerical error appears), and that if the Defendant delays the payment of rent, it shall deliver the instant building to the Plaintiff within 15 days.”

The Defendant did not perform the payment by installments pursuant to the instant agreement to the Plaintiff.

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

2. According to the above fact of recognition, the lease of this case was terminated on November 11, 2017 by the Defendant delayed payment to the Plaintiff in installments pursuant to the instant agreement.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and to pay unjust enrichment of KRW 11,880,00 in total for six months from May 2017 to October 2017 (i.e., value-added tax: KRW 1,980,00 per month, including value-added tax x 6 months), and the Plaintiff’s claim from November 30, 2017 to the completion date of delivery of the instant building, calculated by the ratio of KRW 1,980,00 per month, which is equivalent to the rent for the instant building, from November 30, 2017 to the completion date of delivery.

The plaintiff's claim is reasonable, and it is so decided as per Disposition.

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