(영문) 부산지방법원 2016.12.15 2015가단27435

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(영문) 부산지방법원 2016.12.15 2015가단27435

임대차계약해지로 인한 건물명도등

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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 65,558,00 with full payment from November 18, 2016.

Reasons

1. Facts of recognition;

A. On June 10, 2014, the Plaintiff entered into a real estate lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease term from June 26, 2014 to June 25, 2018 with respect to the part of the first floor and the whole of the second floor (hereinafter “instant store”) among the land buildings in Geumcheon-gu Busan Metropolitan Government (hereinafter “instant store”).

B. At the time of the conclusion of the instant lease contract, the Defendant paid the Plaintiff the deposit deposit, and occupied and used the instant store. However, on August 1, 2014, the Defendant notified the Defendant of the intention to terminate the instant lease contract on the ground that the Plaintiff did not pay the deposit to the Defendant through the delivery of the duplicate of the instant complaint, and that the Plaintiff notified the Defendant of the intention to terminate the instant lease contract on the ground that he did not pay the rent to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 8 and 9 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The party's assertion and judgment

A. The Plaintiff’s assertion that the instant lease agreement was lawfully terminated by the Plaintiff’s notice of termination on the ground that at least two occasions the Defendant did not pay rent, and the Defendant delivered the instant store to the Plaintiff on August 11, 2016.

From June 26, 2014 to August 11, 2016, the amount of the rent or the amount of the unjust enrichment equivalent to the rent is 112,20,000,000 won (= 4,400,000 won x 15 days as requested by the Plaintiff). Since the Defendant paid only 20,40,000 won among them to the Plaintiff, it was deducted from the above amount of the deposit and 30,000,000 won. Ultimately, the Defendant is obligated to pay the Plaintiff KRW 61,80,000 (=12,200,000-20,400,300-30,000 won) by the delivery date of the instant store.

In addition, the defendant's store of this case without the plaintiff's permission.

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