(영문) 인천지방법원부천지원 2020.05.27 2019가단103739

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(영문) 인천지방법원부천지원 2020.05.27 2019가단103739

건물명도(인도)

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1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the building indicated in the separate sheet from October 1, 2019.

Reasons

1. Basic facts

A. On September 7, 2017, the Plaintiff leased the building listed in the attached list (hereinafter “instant building”) to the Defendant as KRW 50,000,000, monthly rent of KRW 6,050,000 (including value-added tax) and the lease term of September 28, 2017.

B. The above lease contract was renewed, and the Plaintiff and the Defendant concluded a new lease contract with a deposit of KRW 50,00,000 on September 17, 2019, monthly rent of KRW 6,050,000 (including value-added tax) and the lease term of KRW 6,050,00 on October 1, 2019 to September 30, 2020, and Article 4 of the above lease contract provides that the lessor may terminate the contract immediately if the lessee fails to pay rent more than twice.

C. The Defendant did not fully pay to the Plaintiff the difference under the newly concluded lease agreement. The Plaintiff expressed its intent to terminate the said lease agreement by serving a duplicate of the application form for modification of the purport of the instant claim and the cause of the claim. The said written document was served on the Defendant on February 19, 2020.

On the other hand, the defendant currently occupies the building of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, and the purport of the whole pleadings

2. According to the facts of the judgment on the principal claim, the lease contract between the Plaintiff and the Defendant was terminated on February 19, 2020, and the Defendant, barring special circumstances, is obligated to deliver the instant building to the Plaintiff, and to pay rent and unjust enrichment calculated at the rate of KRW 6,050,000 per month from October 1, 2019 to the completion date of delivery of the instant building.

3. Judgment on the counterclaim claim and the defense of the principal claim

A. The defendant's assertion that the plaintiff has three claims against the plaintiff, and the defendant sought payment as a counterclaim, and at the same time there is a simultaneous performance relationship with the plaintiff's claim against the plaintiff.

① From 50,000,000 to the Defendant’s deposit, the unpaid amount of KRW 7,90,000 shall be deducted from August 2019 and September 42,100.

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