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(영문) 서울중앙지방법원 2021.03.11 2019가단5235156
건물명도(인도)
Text

The defendant delivered each building listed in the attached list to the plaintiff. The costs of lawsuit shall be borne by the defendant.

subsection 1.

Reasons

1. The arguments of the parties and the issues of this case

A. From March 26, 20199, the Plaintiff concluded a lease agreement with the Defendant, setting the lease deposit amount of KRW 20,000, monthly rent of KRW 200,000, and the lease term of KRW 26,200 from March 26, 2019 to March 25, 2021 (hereinafter “instant lease agreement”).

However, the Defendant paid only the rent on April 16, 2019 and did not pay the rent thereafter. On August 12, 2019, the Plaintiff notified the Defendant that the instant lease was terminated on the ground of the overdue rent.

Until now, the amount of unfair profit equivalent to the rent or rent in arrears exceeds the deposit of the above lease.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.

B. The Defendant paid 80,000,000 won the lease deposit to the Plaintiff in 1996, and has renewed the instant building after leasing it.

In this regard, the plaintiff would recognize 20,000,000 won of the lease deposit on March 2019.

In other words, there is no choice but to pay the following rent.

Therefore, the defendant did not err in paying rent and cannot respond to the plaintiff's claim for delivery until the plaintiff receives a refund of the legitimate lease deposit from the plaintiff.

(c)

The key issue of the instant lease agreement is the issue of the instant case. This is directly linked to the amount of the deposit paid by the Defendant to the Plaintiff at the time when the Plaintiff and the Defendant entered into the first lease agreement in 1996.

At the time of 1996, the Plaintiff received KRW 20,000,000 and KRW 40,000,000 for the premium

On the other hand, the defendant paid KRW 80,000,000 as lease deposit at the time of 1996.

argument is asserted.

2. Determination

(a) the following:

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