(영문) 수원지방법원성남지원 2015.04.29 2014가단225501

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(영문) 수원지방법원성남지원 2015.04.29 2014가단225501

건물명도

Text

1. The defendant shall be the plaintiff.

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

B. From July 26, 2014, the above real estate.

Reasons

1. Facts of recognition;

A. On February 19, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the deposit amount of KRW 20 million, monthly rent of KRW 1750,000 (payment after April 25, 201), and the period from April 26, 2014 to April 25, 2015 (hereinafter “instant lease agreement”).

B. The Defendant delayed to pay the rent of June 2014 and July 2014, but received the Plaintiff’s demand around August 2014 and paid the rent for the said two-year period around that time. However, the Defendant did not pay the rent thereafter.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. On January 3, 2015, the fact that the instant lease contract was terminated due to the Defendant’s delinquency in the payment of rent, and the Plaintiff’s expression of intent to seek the transfer of the instant real estate was served on the Defendant on January 3, 2015 is apparent. In full view of the above fact-finding, the instant lease contract was terminated by the Plaintiff’s notice of termination due to the Defendant’s delinquency in payment of rent.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay rent or unjust enrichment calculated by the ratio of KRW 1750,000 per month from July 26, 2014 to the completion date of delivery of the said real estate.

3. The defendant's argument as to the defendant's assertion: the defendant expressed his opinion that "the plaintiff would have a security deposit and pay interest on the overdue rent" to the plaintiff upon receiving the plaintiff's demand for the payment of rent; however, the plaintiff's proposal is accepted by the defendant because the plaintiff did not express any intention on this issue, and it is unreasonable to make the claim of this case on the ground of the overdue rent.

Whether or not to cover the overdue rent in the health deposit and lease deposit can be freely selected by the lessor, and the lessor's separate declaration of intention.

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