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Reasons
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(영문) 서울북부지방법원 2018.10.17 2018가단101632
건물명도(인도)
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1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 3, 4, 5, 6, and 3.

Reasons

1. Facts of recognition;

A. On November 4, 2016, the Plaintiff: (a) leased, to D on November 4, 2016, a deposit of KRW 10,00,000, monthly rent of KRW 950,000 (excluding value-added tax); (b) the management fee of KRW 120,00,000, and the period from November 12, 2016 to November 12, 2017, the part C in the attached Table (hereinafter “instant building”) connected each point in sequence 3,4,5,6, and 3 among the real estate listed in the attached Table.

B. Around September 2017, D had the Defendant occupy and use the instant building without the Plaintiff’s consent, and delayed payment of KRW 3,800,000 by December 31, 2017.

The defendant occupies and uses the building of this case from around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the above facts, on February 7, 2018, the lease of this case was lawfully terminated by the Plaintiff’s declaration of termination on the grounds of D’s unauthorized transfer and rent delay.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and to return unjust enrichment calculated by the ratio of KRW 1,165,000 per month, which is equivalent to the rent, value-added tax and management expenses ( KRW 950,000, KRW 120,000, KRW 95,000, KRW 95,000, KRW 120,000, KRW 20,000, which was sought by the Plaintiff.

B. As to this, the Plaintiff sought the return of unjust enrichment calculated by the ratio of KRW 1,210,00 per month [the amount of KRW 1,100,00 (the cost of cleaning KRW 120,000 for the management fee of KRW 120,000 for the rent of KRW 120,000 for the cleaning fee of KRW 30,000 for the cleaning fee)] in excess of the amount recognized as above against the Defendant. However, there is no evidence to prove that D, the lessee, agreed to bear the value-added tax on the management fee and the cleaning fee in addition to the cleaning cost of KRW 30,00 for the rent of KRW 30,00 for the cleaning

C. Meanwhile, the defendant asserts that he lawfully borrowed the instant building from D and returned KRW 10,000,000 to 10,000,000.

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