건물명도 등
1. At the same time, the Defendant received KRW 14,400,000 from the Plaintiffs, and at the same time, made the buildings listed in the attached list to the Plaintiffs.
On June 9, 2014, the Plaintiffs leased the building listed in the separate sheet (hereinafter “instant building”) to the Defendant as KRW 30,00,000, monthly rent of KRW 2,200,000, and the contract term of one year (hereinafter “instant lease”). The Defendant occupied and used the instant building until September 1, 2014, and the Defendant was obliged to pay rent or unjust enrichment of KRW 15,00,000 in total, and the elevator maintenance cost of KRW 400,000 in total (4 x 100,000) was not paid by the Defendant for more than two months. The Plaintiffs terminated the instant lease on the grounds that the complaint stating the intention of termination was not paid by the Defendant, or that there was no dispute between the parties to the instant lease and the entire pleading number of subparagraphs 1 through 3 (including the entire pleadings number of the parties).
In this case, the plaintiff sought the delivery of the building of this case against the defendant on the ground that the lease contract was terminated, and the defendant is not able to respond to the plaintiff's claim because there is no damage to the plaintiff before receiving the lease deposit.
In addition, the plaintiff asserts that from the deposit to be returned by the plaintiff, 15,000,000 won for rent or unjust enrichment, 400,000 won for elevator maintenance, and 50,000 won for elevator electricity should be deducted.
According to the above facts, since the instant lease contract was terminated on July 29, 2014 and terminated, the Defendant, a lessee, is obligated to deliver the instant building to the Plaintiffs, the lessor, and the Plaintiffs, the lessor, are obligated to return deposit KRW 30,000,000 to the Defendant. Each of the above obligations is in simultaneous performance relationship.
Provided, That the lease deposit paid by the lessee to the lessor in the lease of real estate shall be in the lease relationship until the lease relationship is terminated and the object is returned.