beta
(영문) 서울서부지방법원 2021.01.13 2020가단277958

건물인도

Text

The Defendant, as the Plaintiff

(a) deliver the real estate listed in the separate sheet;

B. From August 14, 2020 to the above paragraph (a).

Reasons

1. Basic facts

A. On August 29, 2019, the Plaintiff entered into a sublease contract with the Defendant for the sublease of KRW 5 million, KRW 1.3 million, and the sublease period from September 5, 2019 to September 5, 2020 (hereinafter “instant sublease contract”).

B. On November 6, 2019, the Defendant paid the rent of KRW 2.6 million in total, and later paid the rent of KRW 2.6 million, the Defendant was in arrears by five percent.

On April 26, 2020, the Plaintiff and the Defendant set off the rent in arrears for the said five-month period against other claims between the Plaintiff and the Defendant, and the Defendant paid the Plaintiff the rent for two-month period until June 5, 2020, on condition that the Defendant agreed to deliver the instant store to the Plaintiff, if the rent in arrears is between the Plaintiff and the Defendant’s failure to implement the said payment and delayed payment for three-month period.

(c)

On May 16, 2020, the Defendant did not pay to the Plaintiff any more than KRW 500,000,000.

(d)

The Defendant left the store of this case on October 2020 and did not return the key to the Plaintiff even though he left the store of this case.

[Grounds for recognition] Evidence Nos. 1 through 3, the purport of the whole pleadings

2. According to the facts of the above determination as to the cause of the claim, the defendant can be found to have failed to pay rent for not less than three months, and the sub-lease contract of this case between the plaintiff and the defendant on June 5, 2020 through an agreement between the plaintiff and the defendant.

7.5. At the end of service of a copy of the complaint of this case, including the intention to cancel the sublease contract or to cancel the sublease contract.

Therefore, the defendant is obligated to deliver the instant store to the plaintiff.

B. A. The Defendant’s 5 million won in total and 5.5 million won in the re-lease deposit that the Defendant paid to the Plaintiff was deducted from the overdue rent, etc. from April 5, 2020 to August 13, 2020.

However, according to the above facts, the defendant illegally occupied the above building by not returning the key to the opening unit of the store in this case, and thereby the plaintiff's rent is reasonable every month.