(영문) 서울중앙지방법원 2020.11.27 2020가단5156198

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(영문) 서울중앙지방법원 2020.11.27 2020가단5156198

건물인도

Text

The Defendant, as the Plaintiff

(a) Of the buildings listed in the separate sheet, each point in the separate sheet No. 1, 2, 3, 4, and 1;

Reasons

1. Facts of recognition;

A. On June 23, 2018, the Plaintiff leased the instant real estate from July 1, 2018 to June 30, 2021 (including value-added tax) as the owner of the building listed in the attached list (each part listed in subparagraph (a) of attached Form 1 among the drawings; hereinafter “instant real estate”). On June 23, 2018, the Plaintiff determined and leased the instant real estate to the Defendant from July 1, 2018 to June 30, 2021 (hereinafter “instant lease”). The Defendant received the instant real estate from the Defendant and operated a postnatal care center at that time.

B. From November 2019, the Defendant did not pay the rent.

On June 22, 2020, a copy of the complaint of this case, stating that the Plaintiff terminated the lease contract of this case on the grounds of three or more years of delay in rent, was served on the Defendant.

C. As of the date of the closing of the instant argument, it reaches KRW 52,800,000,000.

[Ground of recognition] The absence of dispute or significant facts in this court, Gap evidence 1 to 5, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, it is reasonable to view that the instant lease agreement was lawfully terminated on June 22, 2020 by the Plaintiff’s declaration of termination of the contract on the grounds of overdue rent of at least three years, based on the Plaintiff’s declaration of termination of the contract.

Therefore, the Defendant, a lessee, is obligated to deliver the instant real estate to the Plaintiff, a lessor, due to the restitution following the termination of the instant lease agreement.

B. In the lease contract claiming overdue rent, the lease deposit covers all the obligations of the lessee arising from the lease until the lease is delivered to the lessor after the termination of the lease contract, and the amount equivalent to the secured obligation is naturally deducted from the deposit without a separate declaration of intention, unless there are special circumstances, when the object is returned after the termination of the lease contract.

Supreme Court Decision 2005Da8323, 8330 Decided September 28, 2005

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