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부산지방법원 2018.01.25 2017나6136
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

On March 10, 2013, the Defendant concluded a lease agreement between the Plaintiff and the Plaintiff on the lease of 204 units of the second floor of the building on the land of the Jingu-gu Seoul Special Metropolitan City (hereinafter “instant real estate”) with the term of lease from March 10, 2013 to March 9, 2014 (hereinafter “instant lease agreement”). The Defendant concluded a lease agreement between the Plaintiff and the Plaintiff on the lease of 3.5 million won for monthly rent (hereinafter “the instant lease agreement”). Under the said lease agreement, the Defendant paid the Plaintiff the lease deposit amount of KRW 4 million and began to occupy the said real estate.

The instant lease agreement was terminated on March 9, 2014, and the Defendant did not pay the monthly rent from August 2013.

On April 17, 2014, the Defendant completed the registration of the right to lease (hereinafter referred to as the “registration of the right to lease of this case”) on the basis of the order of lease registration (hereinafter referred to as the “registration of the right to lease of this case”) on the date of April 7, 2014, the Changwon District Court, Changnam-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City,

【No dispute over the ground for recognition”, Gap evidence Nos. 1, 2, 5, 8, and 9 (including the number of branch numbers; hereinafter the same shall apply), and the ground for claim as to the purport of the whole pleadings, the defendant asserted that the ground for claim was examined. After the termination of the lease contract of this case, the defendant filed a lease registration of this case, and filed a report on the transfer of urban gas before April 27, 2015. By April 21, 2016, the defendant illegally occupied and used the instant real estate and did not deliver the instant real estate, thereby causing damage to the plaintiff as it did not transfer the instant real estate.

Therefore, the Defendant is obligated to pay to the Plaintiff the rent of KRW 4.2 million equivalent to the rent from March 9, 2014, which was the date of the instant lease agreement, to April 27, 2015, which was the date of the report on the transfer of urban gas, and damages for delay.

Judgment

Since the lease registration under Article 3-3 of the Housing Lease Protection Act has been made without returning the deposit even after the lease contract was already terminated, it is actually delayed.

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