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Reasons
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(영문) 인천지방법원 2019.01.30 2018가단17210
건물인도등
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1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From 5,129,890 won and December 26, 2018

Reasons

1. Facts of recognition;

A. On June 9, 2014, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 5,00,000,000, monthly rent of KRW 500,000, and the lease period of KRW 12 months from July 12, 2014 (hereinafter “instant lease agreement”).

B. Around July 2014, the Plaintiff received KRW 5,000,000 from the Defendant and delivered the instant real estate to the Defendant.

C. By June 2018, the Defendant did not pay to the Plaintiff two or more vehicles.

Accordingly, on June 7, 2018, the Plaintiff notified the Defendant of the termination of the instant lease by serving a duplicate of the instant complaint, and the duplicate of the instant complaint was served on the Defendant on July 20, 2018.

Since July 20, 2018, the Defendant continuously occupied and used the instant real estate until now, and appropriated the Plaintiff the amount of KRW 5,000,000 in arrears and the amount of KRW 10,129,890 in total, including KRW 5,129,890 in the management expenses up to May 2018 (= KRW 5,000,000 in KRW 5,129,890) and the rent from December 26, 2018. The Plaintiff appropriated the lease deposit to the Defendant for the overdue rent and the management expenses.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. According to the above facts of determination, the instant lease contract was lawfully terminated on July 20, 2018 according to the Plaintiff’s declaration of intent to cancel the contract on the grounds of the Defendant’s delinquency in rent of at least two years, and thereafter, the Defendant acquired unjust enrichment of KRW 500,000 per month by continuously occupying and using the instant real estate until now.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay to the Plaintiff unjust enrichment equivalent to the rent of KRW 5,129,890 (=10,129,890 - lease deposit 5,000,000) and the rent of KRW 5,00 per month from December 26, 2018 to the delivery date of the instant real estate.

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