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(영문) 서울남부지방법원 2018.12.05 2018가단233482
건물명도(인도)
Text

1. The defendant

(a) Of the second floor of the building listed in the attached list, each point of the attached Form 1, 2, 3, 4, 5, 6, 1.

Reasons

1. Determination on the cause of the claim

A. On February 1, 2004, the Plaintiff, the owner of the real estate listed in the attached list, as the owner of the real estate in the attached list, leased the lease deposit amounting to KRW 20 million, monthly rent of KRW 1,000,000 (in addition to value-added tax and management fee, the last day of each month), from February 1, 2004 to January 30, 2005 (hereinafter “the lease contract in this case”), and thereafter the lease contract in this case was implicitly renewed (hereinafter “the lease in this case”).

(2) The defendant alleged that the plaintiff was unjust enrichment of KRW 1,210,000 per month by collecting KRW 1210,000 per month as the monthly rent for the period of December 13 months, but the above KRW 1,110,00 per month was clearly recognized by each tax invoice that the above KRW 110,00 was paid as the management fee, and the defendant also knew that it was well known. Thus, the above argument is without merit.

While paying the value-added tax (including value-added tax), the rent and management expenses from February 2017 were not paid, and the sum of the rent and management expenses in arrears until June 30, 2018 reaches 20,570,000 won (=1,210,000 won x 17 months).

(3) Meanwhile, on August 19, 2018, a duplicate of the instant complaint containing the purport that the instant lease contract is terminated on the grounds of the Defendant’s delay of rent reaches the Defendant on August 19, 2018.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

B. According to the above facts, the instant lease contract was lawfully terminated and terminated on August 19, 2018, when the duplicate of the complaint of this case was delivered to the Defendant. Accordingly, the Defendant lost the source of possessory right to the leased object. Thus, barring any special circumstance, the Defendant delivered the leased object to the Plaintiff, and deducted the lease deposit from the rent and management fee in arrears until June 30, 2018 = 570,000 won, i.e., the remainder after deducting the lease deposit from the rent and management fee in arrears until June 30, 2018.

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