(영문) 춘천지방법원원주지원 2016.10.06 2016가단3736

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(영문) 춘천지방법원원주지원 2016.10.06 2016가단3736

건물명도 및 토지인도 등

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1. The Plaintiff:

A. The Defendants deliver one building listed in the separate sheet, and on the ground specified in the separate sheet.

Reasons

1. Determination on the cause of the claim

A. On April 3, 2015, the Plaintiff leased to the Defendants one building and two land listed in the separate sheet by setting the lease deposit amount of KRW 8,000,000, monthly rent of KRW 800,000 (in addition to value-added tax, prepaid payment on April 25, 2015) and the lease term from April 25, 2015 to April 25, 2017.

3) From September 25, 2015, the Defendants did not pay a monthly rent. 4) On May 23, 2016, the Plaintiff notified the Defendants of the termination of the said lease on the ground that the Defendants did not pay a monthly rent for at least two months, and around that time, the said notification reached the Defendants.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

B. According to the facts of the determination as above, since the lease contract between the Plaintiff and the Defendants was lawfully terminated, the Defendants are obligated to deliver to the Plaintiff one building listed in the separate sheet, remove structures and things placed on the ground container stuffs, and deliver two land listed in the separate sheet, and jointly with the Plaintiff, who is a joint lessee, jointly with the Defendants, to pay to the Plaintiff unjust enrichment equivalent to the overdue rent or the monthly rent from September 25, 2015 to June 24, 2016 (including value-added tax) and the amount of unjust enrichment equivalent to the overdue rent or the monthly rent from June 25, 2016 to June 25, 2016.

2. The Defendants asserts that the judgment of the Defendants’ assertion is to the effect that, at the time of the lease agreement, the Plaintiff promised the repair of the building (ware) but failed to perform it, and that the monthly rent was set excessively, it should be reduced.

The plaintiff promised to repair the building (ware), but failed to implement it, or recognized the reason that the monthly rent should be reduced differently from the terms of the lease contract.

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