(영문) 서울동부지방법원 2014.10.28 2014가단11551

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(영문) 서울동부지방법원 2014.10.28 2014가단11551

주택인도

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1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

B. As from November 21, 2013, the delivery of the above real estate.

Reasons

1. Facts of recognition;

A. On December 31, 2010, the Plaintiff leased the real estate stated in the attached Form (hereinafter “instant real estate”) to the Defendant as the lease deposit amount of KRW 15 million, the lease term of KRW 12 months, and the monthly rent of KRW 1 million, and the lease contract has been continuously renewed (hereinafter “instant lease contract”).

The defendant did not pay monthly rent more than twice, and the plaintiff expressed his intention to terminate the instant lease contract to the defendant.

【Ground for Recognition: Entry of Evidence No. 1 and the purport of the whole pleadings】

2. Determination

A. According to the above facts, the instant lease agreement is deemed to have been lawfully terminated by the Plaintiff’s declaration of termination due to the Defendant’s declaration of termination due to the Defendant’s default on rent, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the Plaintiff the rent and unjust enrichment equivalent to the monthly rent, calculated by the rate of one million won from November 21, 2013 to the completion date of delivery of the instant real estate.

B. The defendant's assertion is asserted to the purport that the real estate of this case is jointly induced by 13 persons, including C, and therefore, the plaintiff is not the owner of the real estate of this case, and it is not entitled to lease the real estate of this case. Thus, the plaintiff cannot accept the plaintiff'

Even if the real estate in this case is jointly owned, the lease is the only condition that one of the parties agrees to allow the other party to use or make profits from the object, and the other party agrees to pay the rent for it. Furthermore, it is not the requirement that the lessor has ownership or other right to lease the object. If the lease is terminated, even if the object of the lease is owned by the other party, the lessee may request the other party to claim the return of the object, or to pay the rent or the corresponding amount, unless there are special circumstances.

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