(영문) 서울중앙지방법원 2017.07.21 2017가단5033035

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(영문) 서울중앙지방법원 2017.07.21 2017가단5033035

건물명도(인도)

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1. The Defendants shall deliver to each Plaintiff the real estate indicated in the separate sheet.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Facts of recognition;

A. On July 11, 2014, the Plaintiff leased to the Defendants real estate (hereinafter “instant real estate”) the lease period from July 16, 2014 to July 15, 2015, the lease deposit amount of KRW 215,00,00 for the lease deposit, KRW 19,550,00 for the monthly rent of KRW 19,50 for the monthly rent (excluding value-added tax), and monthly management fee of KRW 3,10,000 for the monthly rent (excluding value-added tax).

(hereinafter “instant lease agreement”). B.

The Defendants did not pay the monthly rent from September 2016.

C. The Plaintiff expressed his intent to terminate the instant lease agreement on the grounds of the Defendants’ delinquency in rent.

[Grounds for Recognition: The entries in Evidence A 1 to 5-4, the purport of the whole pleadings]

2. Determination

A. According to the above facts, the lease contract of this case was lawfully terminated by the Plaintiff’s declaration of termination due to the Defendants’ declaration of termination on the grounds of delinquency in rent. Thus, the Defendants are obligated to deliver the instant real estate to the Plaintiff, barring any special circumstances.

B. As to Defendant B’s assertion, Defendant B paid KRW 215,00,00 to the Plaintiff jointly with Defendant A as the lease deposit for the instant real estate, and asserted that the Plaintiff had a duty to deliver the instant real estate at the same time with the refund of the amount equivalent to one-half of the lease deposit. Accordingly, the Plaintiff asserted that the lease deposit was deducted from overdue rent and management expenses, public charges (electric and water charges) as of the date of closing the argument in the instant case and extinguished as of the date of closing the argument in the instant case.

As seen earlier, the lease deposit of this case was 215,00,000 and the fact that the lease contract of this case was terminated. However, in full view of the written evidence No. 4-1 through No. 18, the lease deposit of this case was deducted from the total amount of KRW 241,649,760, including overdue rent and management expenses until May 31, 2017.

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