(영문) 서울중앙지방법원 2014.11.05 2014가단37710

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(영문) 서울중앙지방법원 2014.11.05 2014가단37710

건물명도

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1. The defendant shall be the plaintiff.

A. From KRW 2,013,540 to KRW 2,01,00, the real estate listed in the separate sheet from October 20, 2014.

Reasons

1. On September 5, 2009, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff on September 5, 2009, setting the lease agreement between October 20, 2009 and October 19, 201 with regard to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”), including the following: (a) the lease agreement was concluded on September 5, 2009; (b) the lease agreement was renewed on October 20, 2009 to October 19, 201; (c) the monthly rent was increased to KRW 10,50,000; and (d) the Defendant was residing in the instant real estate until now; and (d) the fact that the amount of monthly rent or monthly rent that the Defendant failed to pay as of the closing date of the argument at issue was the total amount of KRW 15,925,00; and (e) the amount of delinquent rental fee at least KRW 201,460.

Comprehensively taking account of the above facts acknowledged, the Plaintiff may terminate the instant lease agreement pursuant to the said lease agreement, and the fact that the duplicate of the instant complaint stating the Plaintiff’s intent to terminate was served on the Defendant on May 18, 2014 is apparent, and thus, the instant lease agreement was terminated.

Therefore, as requested by the Plaintiff, the Defendant is obligated to receive money from the Plaintiff after deducting the amount of unjust enrichment equivalent to the rent calculated by the ratio of KRW 1,50,000 per month from October 20, 2014 to the date of delivery of the instant real estate from KRW 2,013,540, which is calculated by deducting the sum of KRW 17,986,460 from the sum of the rent in arrears, overdue expenses, and the monthly rent, from KRW 20,000,000 to the date of closing the argument in this case, and to deliver the instant real estate to the Plaintiff at the same time. The Defendant is obligated to pay the amount of unjust enrichment on the monthly rent as calculated by the ratio of KRW 1,50,00 per month from October 20 to the date of delivery of the instant real estate.

2. According to the conclusion, the plaintiff's claim is reasonable.

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