(영문) 서울서부지방법원 2017.11.30 2017나2629

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Reasons

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자간(%)

(영문) 서울서부지방법원 2017.11.30 2017나2629

건물명도(인도)

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1. The judgment of the court of first instance is modified as follows.

The defendant shall provide the plaintiff with the real estate listed in the attached list No. 1.

Reasons

1. Basic facts

A. On May 2, 2016, the Plaintiff: (a) leased real estate listed in the [Attachment List owned by the Plaintiff (hereinafter “instant housing”) to the Defendant as KRW 10 million; (b) monthly rent of KRW 800,000 (in advance payment on May 3, 2016) and the lease term from May 3, 2016 to May 2, 2017 (12 months); (c) as the lease deposit was paid at the time of the said contract and the Defendant did not pay KRW 5 million on the remainder of the lease deposit on August 3, 2016, the Plaintiff concluded a lease agreement with the effect that the contract is terminated without any separate notice of termination (hereinafter “instant lease agreement”).

B. The Defendant received the instant house at the time of the above contract and used it until now, but did not continuously pay the remainder of the lease deposit amount of KRW 5 million.

In addition, the Defendant did not pay KRW 100,000,000 out of the rent until November 2, 2016, and the Defendant did not pay the amount of unjust enrichment from November 3, 2016 to the date of rent or rent.

C. On November 30, 2016 and January 11, 2017, the Plaintiff notified the Defendant of the payment of the remainder of the lease deposit and the overdue rent, and sent the notification of the termination of the contract to take legal measures, such as a building name lawsuit, if delayed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. Since the Plaintiff’s instant lease agreement was terminated as the Defendant’s nonperformance, and the lease deposit also deducted as the overdue rent, the Defendant is obligated to deliver the instant house to the Plaintiff and pay the overdue rent (or unjust enrichment equivalent to the amount in arrears).

B. The Plaintiff cannot respond to the Plaintiff’s request until the deposit already paid to the Defendant was returned.

3. Determination

A. According to the above facts of recognition, the instant lease agreement is the defendant.

유사 판례

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