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(영문) 서울서부지방법원 2018.08.28 2018가단2298
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From April 24, 2018, KRW 450,00 and the above.

Reasons

1. Comprehensively taking account of the overall purport of the statements and arguments by Gap evidence Nos. 1 through 3 as to the cause of the claim, the plaintiff entered into a lease agreement with the defendant on June 23, 2016, setting the lease deposit amount of KRW 10 million, monthly rent of KRW 550,000,000, and from July 24, 2016 to July 23, 2017 (hereinafter "lease"), and received KRW 10,000,000,000 from the defendant, and the defendant did not pay the rent in September 24, 2016, it is recognized that the plaintiff expressed his intention to cancel the lease by delivering a copy of the complaint of this case on the ground of the rent.

According to the above facts, the lease of this case terminated on July 23, 2017, and even if it was implicitly renewed, it was lawfully terminated by the Plaintiff’s declaration of termination.

Therefore, barring special circumstances, the Defendant is obligated to return the instant building, which is the leased object, to the Plaintiff and pay the overdue rent and unjust enrichment from September 24, 2016 to the completion of delivery of the building, after the last rent payment date.

In this regard, the defendant asserts that the repayment of the deposit for lease deposit and the delivery of the building of this case should be made simultaneously, and there is no remaining deposit if the plaintiff deducts the overdue loan from the deposit to the overdue loan.

From September 24, 2016 to April 23, 2018, the sum of the rent in arrears from September 24, 2016 to April 23, 2018 (i.e., 550,000 won x 19 months) is deducted from the lease deposit of this case from KRW 10,000,00,000, the deposit remains. Rather, it is obvious that the amount of the remainder is 450,000,000 won and the amount of the monthly rent after April 24, 2018 remains.

The defendant's simultaneous performance defense cannot be accepted.

Therefore, the defendant will rent to the plaintiff every month from April 24, 2018 to the completion of delivery of the building in this case, including the remaining overdue rent after the above deduction.

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