건물명도
1.The judgment of the first instance shall be modified as follows:
The defendant, from the plaintiff 1, 455,355 won.
1. Basic facts
A. On October 21, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant as between KRW 10,000,000 for the instant real estate, KRW 600,000 for the monthly rent (payment on August 8, 201), and the term of lease from November 8, 2015 to November 8, 2017, and delivered the instant real estate to the Defendant on November 8, 2015.
B. The Plaintiff and the Defendant agreed to terminate the instant lease agreement on February 25, 2016. The Defendant continues to possess and use the instant real estate even thereafter, and did not pay rent to the Plaintiff from March 9, 2016.
C. Meanwhile, the Defendant filed a lawsuit against the Plaintiff on the claim, such as the return of deposit for lease upon the termination of the instant lease agreement (Seoul District Court 2016Gaso63770). In the appellate court of the instant case (Seoul District Court 2017Na58741), “The Defendant (the Plaintiff of this case)” at the same time received the instant real estate from the Plaintiff (the Defendant of this case), and at the same time received the instant real estate from the Plaintiff (the Plaintiff of this case), paid the Plaintiff (the Defendant of this case) the remaining money after deducting the amount calculated by the rate of KRW 360,000 per month from March 28, 2018 to the completion date of delivery of the instant real estate.” The said judgment became final and conclusive.
[Ground of recognition] Facts without dispute, Gap evidence 1, 5, Eul evidence 1 and 2, the purport of the whole pleadings
2. According to the facts seen earlier prior to the determination on the instant claim for delivery of real estate, the instant lease agreement was terminated on February 25, 2016, and the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring special circumstances.
As to this, the defendant cannot respond to the plaintiff's request for delivery from the plaintiff until the return of deposit for lease was made. Thus, in relation to the deposit for lease of this case, the plaintiff's delivery of the real estate of this case from the defendant at the same time, from 1,139,355 to 1,139,355 to March 28, 2018.