logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.10.07 2016가단26229
건물명도 등
Text

1. From 2,300,000 won to 2,300 won, the Defendant shall attach from September 18, 2016 to 7th class 2 of the real estate indicated in the separate sheet.

Reasons

In full view of the facts that there is no dispute over the cause of the claim, as well as the overall purport of the statements and arguments by Gap 1 and 2, the plaintiff, on January 12, 2016, leased approximately KRW 30:9.174 square meters (hereinafter referred to as "the instant store") within the portion of broom display inside the real estate Nos. 30,9.174 square meters on board, which connects the real estate No. 7 stories listed in the attached Table No. 1, which is owned by the plaintiff, to the defendant on January 12, 2016, as a lease deposit, KRW 10,000,000 from January 18, 2016 to January 17, 2017, and KRW 1,000,000 (value-added tax separately) from February 18, 2016, and the plaintiff notified the defendant of the termination of the lease agreement on July 27, 2016.

According to the above facts, since the above lease contract was lawfully terminated by the plaintiff's notice of termination, the defendant is obligated to deliver the store of this case to the plaintiff and pay the plaintiff the amount of 50,000 won monthly rent for five months from February 18, 2016 to July 17, 2016 and the amount of 1.1 million won per month from July 18, 2016 to the date the delivery of the store of this case is completed.

The Defendant’s assertion argues that the Defendant is obliged to deliver the instant store at the same time with the payment of the remainder after deducting the overdue rent from the lease deposit. Thus, according to the legal principles as stated in Supreme Court Decision 2015Da23020 Decided July 27, 2016, the lessee’s obligation to return the leased object and the lessor’s obligation to return the lease deposit is in the simultaneous performance relationship. The deposit received from the lease of real estate is secured by all the lessee’s obligations, such as the lease obligation, the damage liability arising from the loss or damage of the leased object, and the amount equivalent to the secured obligation is returned after the termination of the lease relationship, barring special circumstances.

arrow