(영문) 인천지방법원 2017.11.28 2017가단10588

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(영문) 인천지방법원 2017.11.28 2017가단10588

건물인도등

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1. The defendant shall be the plaintiff.

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

B. From January 31, 2016, the foregoing paragraph (a) is described.

Reasons

1. Facts of recognition;

A. On November 28, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant as between KRW 3,000,000, monthly rent of KRW 250,000 (payment on November 30, 201), and the lease period from November 30, 2015 to November 30, 2016 (hereinafter “instant lease agreement”).

B. The Plaintiff handed over the instant real estate to the Defendant around the date of entering into the instant lease agreement.

C. Since January 2016, the Defendant did not pay monthly rent to the present day.

[Ground for Recognition: Facts without dispute, Gap evidence 1, and evidence 2, the purport of the whole pleadings]

2. Determination

A. From January 2016, the fact that the Defendant did not pay a monthly rent to the Plaintiff from January 2016 is as seen above. The fact that the Plaintiff’s expression of intent to terminate the instant lease agreement on this ground reaches the Defendant on April 26, 2017 is apparent in the record.

Therefore, the lease contract of this case is terminated around that time. Thus, the defendant is obligated to deliver the real estate of this case to the plaintiff unless there are special circumstances.

Furthermore, with respect to the overdue rent and the amount of unjust enrichment to be returned by the defendant, the amount of profit from the possession and use of the real estate in ordinary cases is the amount equivalent to the rent of the real estate. As seen above, the facts of the 250,000 monthly rent of the real estate in this case are as follows. Since it is confirmed that the rent thereafter is the same amount, the defendant is obligated to pay to the plaintiff the overdue rent and unjust enrichment equivalent to the 250,000 won per month from January 31, 2016 to the date of delivery of the real estate in this case from the date following the date when the plaintiff was paid to the plaintiff.

B. As to this, the Defendant requested repair to the Plaintiff, since water was stored in the inside bank and the kitchen of the instant real estate.

유사 판례

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