건물명도(인도)
1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
B. From June 15, 2017, the above-mentioned A
(b).
1. Basic facts
A. On August 18, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the terms of leasing real estate listed in the attached list (hereinafter “instant housing”) by setting the lease deposit of KRW 2 million, KRW 250,000 per month, and the lease period by August 31, 2018 (hereinafter “instant lease agreement”).
The defendant paid a deposit of two million won to the plaintiff at the time of the above contract, and the plaintiff transferred the house of this case to the defendant at that time.
B. From October 15, 2016 to the date of arrears, the Defendant declared that the instant lease contract was terminated on the ground of the rent delay for at least two years on January 2017.
C. The defendant lives in the instant house until the date of the closing of argument.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. The instant lease agreement, based on the determination on the cause of the claim, has been lawfully terminated by the Plaintiff’s declaration of termination on the ground of not less than two years of default, barring any special circumstance, the Defendant is obligated to deliver the instant house to the Plaintiff, and to pay the Plaintiff the amount of unjust enrichment equivalent to the rent or the rent from October 15, 2016 to the completion date of the delivery.
3. The defendant's defense to the effect that the judgment on the defendant's assertion had decided to deduct the overdue rent from the security deposit.
In the event of termination of the lease, the obligation to return the lease deposit and the obligation to deliver the object of the lease are concurrently performed. However, in the lease contract, the lease deposit guarantees all the obligations of the lessee concerning the lease arising from the termination of the lease until the delivery of the object to the lessor
Therefore, the amount equivalent to the secured obligation is naturally deducted from the rental deposit without a separate declaration of intention unless there is any special reason, when the object is returned after the termination of the lease relationship.