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(영문) 서울중앙지방법원 2018.07.19 2018가단2385

건물인도 등

Text

1. The Plaintiff:

A. The Defendants jointly deliver underground rooms among the real estate listed in the separate sheet;

(b) the defendant.

Reasons

1. Basic facts

A. On October 2, 2015, the Plaintiff entered into a lease agreement with the Defendants to pay KRW 50,000,000 for the instant underground room, and KRW 3,366,00 for the monthly rent from October 2, 2015 to the second day of each month (hereinafter “instant lease agreement”).

B. The Defendants paid the monthly rent to the Plaintiff until April 1, 2017, and did not pay the rent from April 2, 2017.

C. On July 12, 2017 and August 12, 2017, the Plaintiff notified the Defendants that the instant lease agreement was terminated and the instant underground room was handed over. D.

The Defendants are occupying the underground room of this case even before the date of closing the argument of this case.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3

2. Claim against the defendant B

A. According to the above facts of recognition, the lease of this case was terminated around January 8, 2018 upon the notice of termination of the Plaintiff’s termination due to the Defendants’ failure to pay two or more rents.

Therefore, Defendant B is obligated to deliver the instant underground room to the Plaintiff and pay the unpaid rent and unjust enrichment equivalent to the unpaid rent.

B. As to this, Defendant B argued to the effect that the above amount of damages should be considered, since the underground room of this case was flooded due to the defect in the underground room drainage system, there is no evidence to acknowledge it.

C. In addition, Defendant B asserts that the amount of KRW 50,000,000 should be deducted from the amount of unpaid rent and unjust enrichment equivalent to the unpaid rent.

The security deposit received from the lease of real estate guarantees all the obligations of the lessee due to the lease, such as rent, damage liability due to the loss, damage, etc. of the object, etc., and the amount equivalent to such secured obligation, barring any special circumstance, when the object is returned after the termination of the lease.