(영문) 울산지방법원 2019.06.13 2018나24028

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(영문) 울산지방법원 2019.06.13 2018나24028

건물명도(인도)

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On March 17, 2016, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant with a lease deposit of KRW 20,00,000,000, monthly rent of KRW 1,200,000, and period of KRW 2 years.

(A) The Defendant asserts that the lessee of the instant lease agreement is not the Defendant, but the lessee of the instant lease agreement. However, according to the evidence No. 2, it appears that the lessee of the instant lease agreement is the Defendant, and C is only the one who concluded the instant lease agreement on behalf of the Defendant, who is the lessee.

B. From October 2016, the Defendant delayed the payment of rent.

On January 17, 2018, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground of the Defendant’s delinquency in rent.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of determination, the instant lease agreement was lawfully terminated on January 17, 2018.

Therefore, the defendant is obligated to deliver the real estate of this case to the plaintiff by restitution, and to pay rent or unjust enrichment calculated by the ratio of KRW 1,200,000 per month from October 2016 to the completion date of delivery of the above real estate.

However, the Plaintiff sought payment of the remainder after deducting the lease deposit from the rent or unjust enrichment until February 28, 2018. As such, the Defendant is obligated to pay the Plaintiff the amount calculated at the rate of 1,200,000 won per annum as unjust enrichment equivalent to the rent from March 1, 2018 to the completion date of delivery of the instant real estate from March 1, 2018, and the amount calculated at the rate of 20,400,000 won per annum from overdue rent or unjust enrichment (=1,200,000 won x 17 months x 17 months x the day following the delivery date of the copy of the instant complaint) and the damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 24, 2018 to the day of complete payment.

3. The plaintiff's conclusion is that of this case.

참조조문

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