(영문) 수원지방법원 2015.02.05 2014가단57507

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(영문) 수원지방법원 2015.02.05 2014가단57507

건물명도

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1. The defendant shall be the plaintiff.

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

B. From September 27, 2014, 431,090 won and the foregoing.

Reasons

1. Basic facts

A. On May 15, 2014, the Plaintiff entered into a lease agreement with the Defendant on the attached list (hereinafter “instant building”) with regard to the lease deposit of KRW 10 million, KRW 950,000 per month, and KRW 950,000 per month, from May 26, 2014 to May 25, 2015 (hereinafter “instant lease agreement”). Around that time, the Plaintiff was handed over the said building to the Defendant, but the Defendant delayed to pay the rent from May 2014.

B. Accordingly, the Plaintiff expressed his/her intent to terminate the instant lease agreement on the grounds of the Defendant’s delinquency in rent for at least two years by serving a duplicate of the complaint in the instant case.

C. Meanwhile, the unpaid rent as of September 26, 2014 is KRW 3.8 million, and as of the closing date of the instant pleadings, the unpaid management fee is KRW 631,090.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including each number), the purport of the whole pleadings

2. According to the facts of the determination on the cause of the claim, the instant lease agreement was duly terminated on October 17, 2014, on which the copy of the complaint of this case, stating the Plaintiff’s declaration of termination on the grounds of delinquency in rent for at least two years, was served.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff as a restoration subsequent thereto, and as sought by the Plaintiff, the Defendant is obligated to return the rent and the unjust enrichment from the rent calculated at the rate of KRW 9.6 million per month from September 27, 2014 to September 26, 2014, including the overdue rent of KRW 3.81,090,000 and unpaid management expenses (= KRW 6.31,090,000) and the unpaid management expenses (= KRW 6.81,090,000) and the rent and the rent from September 27, 2014 to the completion date of delivery of the said building.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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