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Reasons
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(영문) 춘천지방법원 2018.01.10 2017가단2222
건물인도 등
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1. The defendant shall be the plaintiff.

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

B. 3,342,00 won and as regards this, Nov. 1, 2017

Reasons

1. Basic facts

A. On August 5, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 10 million, KRW 50,000 per month for rent, and the lease period from September 10, 2014 to September 9, 2016 for lease (hereinafter “instant lease agreement”).

around that time, the Defendant paid KRW 10 million to the Plaintiff, and the Plaintiff delivered the instant apartment to the Defendant at that time.

B. However, from October 2015, the Defendant did not pay the rent of KRW 13,342,00 as of November 9, 2017.

C. Meanwhile, the Defendant paid KRW 177,000 on behalf of the Plaintiff for long-term repair appropriations.

Accordingly, the Plaintiff declared to the Defendant that the instant lease contract will be terminated on the ground of rent delay by serving a duplicate of the instant complaint on the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendant did not pay rent from October 2015, and the Plaintiff’s intent to terminate the instant lease agreement on the grounds of the Defendant’s delinquency in rent was served on the Defendant on May 10, 2017, and the instant lease agreement was lawfully terminated.

However, even after the termination of the lease, the Defendant gains unjust enrichment equivalent to the rent while occupying and using the apartment of this case for the purpose of the lease. Meanwhile, the Plaintiff has the obligation to deliver the apartment of this case to the Plaintiff simultaneously with the obligation to deliver the apartment of this case, and as of November 9, 2017, the Defendant’s KRW 10,000,000 has already been deducted from the overdue rent of KRW 13,342,00,000, and the Plaintiff has the long-term repair appropriations of KRW 177,000.

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