(영문) 창원지방법원 통영지원 2018.11.27 2018가단3594

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(영문) 창원지방법원 통영지원 2018.11.27 2018가단3594

건물명도 등

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1. The defendant shall be the plaintiff.

(a) deliver 70.19 square meters of one story among the real estate listed in the attached list;

(b) 6,314,430 won;

Reasons

1. Facts of recognition;

A. On June 6, 2017, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the first floor among the buildings listed in the attached list owned by the Plaintiff (hereinafter “instant building”) by setting the lease deposit of KRW 5,000,000, monthly rent of KRW 850,000, and the lease term from June 23, 2017 to June 22, 2019.

B. At the time of the conclusion of the instant lease agreement, the Plaintiff determined that the contract can be immediately terminated if the Defendant’s overdue rent reaches the three-year overdue rent.

(Article 4 of the Lease Contract).

The Defendant paid KRW 5,00,000 to the Plaintiff, and used the instant building transferred from the Plaintiff around June 23, 2017, but did not pay the rent from November 23, 2017.

On July 2, 2018 and August 1, 2018, the Plaintiff notified the Defendant that the instant lease contract was terminated on the ground that it was overdue for the seven-month period.

E. The Defendant did not pay the electricity charge of KRW 304,430 and the water rate of KRW 60,000, which are imposed in the course of using the instant building.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. According to the facts of the judgment on the cause of the claim, the instant lease agreement was lawfully terminated around July 2, 2018 by the Plaintiff’s declaration of termination on the ground of the Defendant’s delinquency in rent.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff due to the termination of the instant lease agreement, and pay the Plaintiff the sum of KRW 5,950,000 in arrears from November 23, 2017 to June 22, 2018, and KRW 6,314,430 in unpaid electricity charges of KRW 304,430 and KRW 60,00 in unpaid electricity charges of KRW 60,00 in which the Defendant recognized the Defendant’s obligation to pay, and to pay the Plaintiff the rent or unjust enrichment equivalent to KRW 850,00 per month from June 23, 2018 to the completion date of delivery of the instant building.

3. The defendant.

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