(영문) 대전지방법원 2016.09.06 2016가단2663

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(영문) 대전지방법원 2016.09.06 2016가단2663

건물인도

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1. The Defendant shall deliver to the Plaintiff the real estate indicated in the separate sheet, and from October 11, 2014 to the completion date of the delivery of the said real estate.

Reasons

1. Facts of recognition;

A. On November 9, 2013, the Plaintiff entered into a lease agreement with the Defendant on the attached real estate (hereinafter “instant commercial building”) as follows (hereinafter “instant lease agreement”). The Defendant pays the Plaintiff deposit amounting to KRW 40,000,000, and is occupying and using the instant commercial building until now after being transferred.

Deposit: 50,000,000 won: 25,000 won for the remainder after payment at the time of a contract and receipt: 15,000,000 won for the rent: 4,100,000 won for each month: From December 11, 2013 to December 10, 2018: The lease period shall be five years for the special contract, and two years from the commencement date of business shall be KRW 40,00,000 for each month, and deposit shall be KRW 10,00,000 for the first day of three years, and deposit shall be KRW 50,00,000 for the first day after the commencement date of business shall be adjusted in consultation with the lessor and the lessee.

B. The Defendant paid only the rent by September 2014, and did not pay the rent thereafter.

C. On July 14, 2015, the Plaintiff requested the Defendant to pay unpaid monthly rent and notified the Defendant that the lease contract will be terminated if the Defendant did not pay the unpaid monthly rent.

[Ground of recognition] Unsatisfy, entry of evidence A1 to 3, purport of the whole pleadings

2. Determination:

A. According to the above facts, the Defendant did not pay monthly rent, and on this ground, the Plaintiff declared that the instant lease contract was terminated. Thus, the instant lease contract was terminated.

Therefore, the Defendant is obligated to deliver the instant commercial building to the Plaintiff, and pay the amount calculated by applying the rate of KRW 4,100,000 per month from October 11, 2014 to the completion date of the delivery of the instant commercial building as the unpaid rent and unjust enrichment equivalent to the rent after the termination of the lease contract.

B. As to this, the Defendant demanded to reduce the deposit and the difference so that it is too high, and the Plaintiff.

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