건물명도(인도)
1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the annex;
(b) KRW 562,240 and among them, KRW 1338,430;
1. On January 11, 2018, the Plaintiff, with the indication of the claim, leased the real estate indicated in the attached Form (hereinafter “instant real estate”) to the Defendant with an agreement that the lessor may terminate the lease deposit, KRW 60,000,000, monthly rent of KRW 71,250, the lease term from February 8, 2018 to February 7, 2020, and the lessee may terminate the contract if the lessee delays the monthly rent, etc. for at least three months.
The defendant does not pay monthly rent from February 2018, and the plaintiff shall terminate the above lease contract by serving the complaint of this case on the basis of the above agreement.
Accordingly, the Plaintiff seeks to transfer the real estate of this case to the Defendant, and also seek rent in arrears, delay damages therefor, monthly rent, and unjust enrichment equivalent to the same amount.
2. Judgment with no basis for recognition (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);
3. Part 3 of the dismissal
A. The plaintiff asserts that the rent in arrears shall be paid at the rate of 15% per annum from the day after the copy of the complaint of this case is served to the day of complete payment.
B. First of all, even if a lease deposit has been granted to a lessor, the lessor may freely choose whether to cover the overdue rent from the lease deposit while the lease relationship continues.
Therefore, the overdue rent is not naturally deducted from the lease deposit without any separate declaration of intention, such as deduction, before the termination of the lease contract, and the lessee cannot refuse to pay the rent on the ground of the existence of the lease deposit (see, e.g., Supreme Court Decision 2016Da211309, Nov. 25, 2016). If the payment on the rent is finalized, the obligation to pay the rent is due and due to the cause of delay occurs from the date following the due date, and the liability to pay the rent ceases to exist only when the deposit is deducted from the deposit, barring any special circumstances.