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(영문) 수원지방법원 2019.10.16 2018나13148
토지인도 및 건물명도 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is subject to Paragraph (1).

Reasons

1. The grounds for this part of the facts of recognition are the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. According to the above facts finding as to the cause of the claim, the instant lease agreement was lawfully terminated on February 20, 2018 by the Plaintiff’s declaration of termination on the grounds of the Defendant’s delay of rent. Thus, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring any special circumstance.

In addition, the Plaintiff voluntarily sought payment of the rent in arrears and the amount of unjust enrichment equivalent to the rent remaining after deducting the rent from 20,000,000 to January 31, 2019. Thus, in the lease contract, the lease deposit guarantees all the lessee’s obligations arising from the lease after the termination of the lease contract until the lessor issues an order for the lease. Thus, such obligations are naturally deducted from the deposit without any separate declaration of intention when the object is returned after the termination of the lease contract (see Supreme Court Decision 2016Da21874, Mar. 22, 2017; 200,000,000 won were paid to the Plaintiff as the deposit, and the Defendant is obligated to deduct the above amount from the above lease deposit to 00,000 won, 200,000 won, 200,000 won, 200,000,000 won, 200,000,000 won, 200,0000.

B. As to the judgment on the Defendant’s assertion, the Defendant is entitled to obtain permission to operate the business in the instant real estate, such as yellow exhibitions and sales.

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