(영문) 수원지방법원 안산지원 2018.11.02 2018가단12537

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(영문) 수원지방법원 안산지원 2018.11.02 2018가단12537

건물명도

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) pay 16,200,000 won;

2...

Reasons

1. Facts of recognition;

A. On January 18, 2018, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant by setting the lease deposit of KRW 30,000,000, monthly rent of KRW 2,700,000 (including value-added tax; KRW 20,000,000 (including value-added tax); and the lease period of January 20, 2020.

(hereinafter “instant lease agreement”). B.

As the Defendant did not pay the rent after March 6, 2018, the Plaintiff filed the instant lawsuit seeking the termination of the instant lease agreement, the delivery of the instant real estate, the unpaid rent, and the payment of unjust enrichment on the grounds that the rent has not been paid for more than three months on July 6, 2018, and the warden, stating the above, reached the Defendant on July 17, 2018.

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

2. According to the facts stated in the judgment on the claim for extradition, the instant lease contract was terminated by the Plaintiff’s lawful expression of intent to terminate the contract to the Defendant on July 17, 2018. Thus, the Defendant is obligated to deliver the instant house to the Plaintiff.

3. Determination on rent and claim of unjust enrichment

A. According to the above facts, the Defendant is obligated to pay the Plaintiff the rent at the rate of KRW 2,70,000 per month from April 1, 2018 to July 17, 2018, for which the instant lease contract was terminated, since the date on which the rent was unpaid to the Plaintiff.

B. Since the part of a claim, such as unjust enrichment, is related to the lessee’s duty to deliver the leased object and the lessor’s duty to return the lease deposit remaining after deducting the lessee’s overdue rent and other damages, if the lessee occupies, uses, or benefits from, the leased object based on the right of defense of simultaneous performance, such possession cannot be deemed an illegal possession, and thus, is not liable for damages therefrom. However, if there exists a substantial benefit from the use or profit, the lessee shall not be held liable

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