(영문) 광주지방법원 2020.04.07 2019가단20837

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(영문) 광주지방법원 2020.04.07 2019가단20837

건물명도등

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1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, the Attached Map 1, 2, 3, 4 and 1.

Reasons

1. Basic facts

A. On September 1, 2017, the Plaintiff and the Defendant entered into a lease agreement with the following terms: (a) the lease deposit amount of KRW 1 million, monthly rent of KRW 270,00 (payment on January 1), and the lease term of 12 months with respect to the portion (A) size of 60,000 square meters in the ship (hereinafter “instant real estate”) connected each point of the attached list 1,2, 3, 4, 1, and 100 square meters in sequence among the real estate listed in the attached list owned by the Plaintiff (hereinafter “instant lease agreement”).

B. The instant lease contract was implicitly renewed after the expiration of the contract term, and the Defendant did not pay the rent from August 2018.

C. On December 9, 2019, a duplicate of the instant complaint containing the Plaintiff’s intent to terminate the instant lease agreement on the grounds of the Defendant’s delinquency in the payment of two or more rents reaches the Defendant.

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

2. According to the fact that the lease contract of this case was lawfully terminated on December 9, 2019, when the copy of the complaint of this case containing the intent of the plaintiff to terminate the lease contract for reasons of delinquency in rent for more than two years of the defendant, the defendant is obligated to deliver the real estate of this case to the plaintiff and pay the plaintiff the unjust enrichment of rent or rent for 15 months from August 2018 to October 31, 2019. Since the rent of this case for 4,050,000 won is the above overdue rent of 4,050,000 won, the defendant is obligated to pay the plaintiff the unjust enrichment of 3,050,000 won after deducting the lease deposit of 1,000 won from the above overdue rent of 4,050,000 won and from November 1, 2019 to the delivery date of the real estate of this case.

In regard to this, the defendant alleged to the effect that he cannot enter the real estate of this case by exercising violence on the part of the plaintiff, and by rupture and intimidation, but there is no evidence to acknowledge it.

3. If so, the plaintiff's claim of this case is presented.

유사 판례

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-인천지방법원부천지원 2015.10.15 2015가단11771

-대전지방법원홍성지원 2019.12.17 2019가단2247

-부산지방법원 2015.02.05 2014가단57620