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(영문) 수원지방법원 2019.01.15 2018가단13291
건물인도등
Text

1. The defendant shall be the plaintiff.

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

(b) 1,342,190 won and from June 7, 2018.

Reasons

1. Facts of recognition;

A. On August 1, 2017, the Plaintiff entered into a lease agreement with D and D, and with respect to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”), with a deposit of KRW 10,00,000, monthly rent of KRW 1,80,000 (excluding value-added tax), and with a lease period from August 7, 2017 to August 6, 2019 (hereinafter “instant lease agreement”); and thereafter, the Plaintiff changed the lessee’s name to the Defendant under agreement with D and the Defendant.

B. From August 4, 2017, the Defendant occupied and used the instant real estate by taking over it.

C. The Defendant paid only the rent to the Plaintiff by January 6, 2018, and did not pay KRW 1,442,190 as of May 4, 2018.

Accordingly, the Plaintiff filed the instant lawsuit with the purport that the instant lease contract is terminated on the grounds of the Defendant’s delinquency in rent, and the instant warden reached the Defendant on June 26, 2018.

[Ground of recognition] Facts without dispute, Gap 1-3, 5 evidence (including additional number), the purport of the whole pleadings

2. The assertion and judgment

A. Under a determined lease agreement on the cause of the claim, the lease deposit covers all the lessee’s obligations arising from the lease until the lease is delivered to the lessor after the termination of the lease contract.

Therefore, such obligations are naturally deducted from the deposit without a separate declaration of intention, unless there are special circumstances when the object is returned after the termination of the lease relationship.

In full view of the facts acknowledged earlier, the instant lease agreement was terminated on June 26, 2018 by the Plaintiff’s declaration of termination. In full view of the foregoing, the instant lease agreement was terminated on September 28, 2005.

Therefore, the Defendant delivers the instant real estate to the Plaintiff, and deducts KRW 10,00,00 from the total amount of KRW 1,442,190,00, the rental deposit amount of KRW 637,810,00,000, the rental deposit amount of KRW 7,920,000,000, which is equivalent to the rent from January 7, 2018 to May 6, 2018.

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