beta
(영문) 수원지방법원 2018.11.23 2018나73409

건물명도(인도)

Text

1.The judgment of the first instance shall be modified as follows:

The defendant is among the real estate listed in the attached Table 1 to the plaintiff.

Reasons

1. Assertion and determination

A. According to the judgment on the cause of claim Nos. 1 and 2, and the purport of the entire pleadings and arguments, the Plaintiff leased on January 16, 2016, a deposit amount of KRW 40,00,000 (hereinafter “instant real estate”) connected in sequence 1, 2, 3, 4, 5, 6, and 1 among the real estate listed in the separate sheet owned by the Plaintiff, to the Defendant on January 16, 2016, the Plaintiff’s lease of KRW 1,20,000,000 per month from January 16, 2016 to January 15, 2019, on the ground that the lease contract was terminated on the grounds that the Plaintiff failed to pay the rent from May 2017 to March 3, 2017.

According to the above facts, the above lease contract was lawfully terminated on the grounds of the defendant's delinquency in rent for more than three years. Thus, barring any special circumstance, the defendant is obligated to deliver the real estate of this case to the plaintiff and pay the plaintiff the overdue rent or unjust enrichment equivalent to the rent from May 2017.

B. Defendant’s assertion 1) The Defendant asserted that during the lease period, the Plaintiff was unable to use the parking lot, water, electricity, etc., and that the Plaintiff was damaged by not conducting funeral services, etc. on the ground that the instant real estate was changed into the ceiling, and thus, the Defendant did not pay a car for this reason. As such, the Defendant’s assertion that the Plaintiff did not pay a car.

) The evidence presented by the Defendant alone is insufficient to acknowledge the above assertion, and there is no other evidence to acknowledge it. Thus, the above argument by the Defendant is without merit. In addition, the Defendant asserts to the effect that the Plaintiff’s obligation to return the lease deposit is concurrently performed with the Defendant’s obligation to deliver the real estate of this case, and thus, the deposit received from the real estate lease guarantees all the lessee’s obligations arising from the lease, such as the lease obligation.