(영문) 수원지방법원성남지원 2017.09.08 2016가단24481

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(영문) 수원지방법원성남지원 2017.09.08 2016가단24481

건물인도 등

Text

1. The defendant is paid KRW 17,730,00 from the plaintiff, and at the same time, from among the buildings listed in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. On March 1, 2002, the Plaintiff entered into a lease agreement between the Defendant and the Defendant with a deposit of KRW 30,000,000 for the instant building, and KRW 650,000 per month for rent.

The above lease contract was implicitly renewed several times.

B. As of the date of closing argument of the instant case, the Defendant did not pay more than twice the following two times.

(The fact that the Plaintiff paid the remainder of the rent, which is recognized as having been paid, must be proven by the Defendant. However, it is difficult to recognize the fact that the entries in the evidence of subparagraphs B 1 through 4 are written alone. The rent (unit) in the year 2002 2,600,000 203 650,600,600 2004 2,600,000 2005 2,600,000 206 650,007 2007 1,350,000 208 270,000 200 20,000 - 201,50,000 - 20,000 - 201, 350,000 - 20,000 - 30,0030,010, 2016

C. On September 27, 2016, the Plaintiff sent to the Defendant a certificate of content that contains an expression of intent to terminate the lease agreement.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3 (including branch numbers), and the purport of the whole pleadings

2. According to the facts of the above recognition, since the lease contract of this case was lawfully terminated, the defendant is obligated to deliver the building of this case to the plaintiff.

Furthermore, the Defendant is obligated to pay the Plaintiff the overdue charge of KRW 12,270,000 as seen earlier.

However, inasmuch as the Plaintiff voluntarily asserts that the remainder after deducting the overdue interest from KRW 30,000,000 is paid to the Plaintiff at the same time, the Defendant is obliged to deliver the instant building to the Plaintiff at the same time with the payment of KRW 17,730,00 (=30,000,000 - KRW 12,270,00) from the Plaintiff as the Plaintiff seeks.

3. The defendant's assertion asserts that the statute of limitations has expired as to the difference in arrears.

However, although the lease is still in arrears, it has not been appropriated for the overdue loan in the lease deposit.

유사 판례

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