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Reasons
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(영문) 의정부지방법원 2017.09.27 2017가단13885
건물인도 등
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1. The defendant shall give order to the plaintiff each point of indication 1, 2, 3, 4, 5, and 1 of the attached drawings among the real estate listed in the attached list.

Reasons

1. Facts of recognition;

A. On May 2009, the Plaintiff leased real estate listed in the attached list to the Defendant as KRW 5 million and monthly rent of KRW 250,000 to the Defendant.

B. The Plaintiff received 3.5 million won in total from the Defendant on August 11, 2012, KRW 500,000,000 from the Defendant, KRW 500,000 on September 28, 2012, and KRW 2 million on March 20, 2014.

C. Accordingly, the Plaintiff expressed his intent to terminate the above lease contract by serving a duplicate of the complaint of this case on the grounds of the Defendant’s delay for more than two years.

[Ground of recognition] Facts without dispute, entry in Gap 1 through 5, purport of the whole pleadings

2. Determination

A. According to the above facts, since the above lease contract was terminated, the defendant is obligated to deliver the above real estate to the plaintiff, and to pay the rent or unjust enrichment equivalent to KRW 250,000 per month from June 1, 2015 to the completion date of delivery of the above real estate, as sought by the plaintiff.

B. As to this, the Defendant occupied the above real estate and disbursed 4.35 million won as the repair cost to live. The Defendant spent 80,000 won as the installation cost of the electric power distribution team, etc., which was the period during which the Plaintiff converted it into the deposit, and the above 1-B.

As described in paragraph (1), the Defendant lent KRW 3.5 million to the Defendant, and the Defendant incurred damages by using the total sum of KRW 5.9 million 1,424,00 (including the existing deposit) and the total sum of KRW 12,00,000,000 (including KRW 5,000,000) paid for 60 months, as well as KRW 2.2,40,000,000,000 (from August 2013 to July 2017).

However, the evidence of the defendant's submission alone spent the above repair costs or installation costs.

or the plaintiff agreed to convert it to deposit money.

or 3.5 million won was loaned to the Plaintiff, a lessor, to the extent that the expenses incurred therein are to be borne by the Plaintiff or to the Plaintiff.

As seen earlier, the repayment of the rent in arrears shall be made.

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