(영문) 서울중앙지방법원 2021.03.23 2020가단5035178

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(영문) 서울중앙지방법원 2021.03.23 2020가단5035178

건물인도

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1. The Plaintiff (Counterclaim Defendant) filed KRW 49,820,720 with each of the Defendant (Counterclaim Plaintiff) and 5% per annum on March 9, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On April 25, 2018, the Plaintiffs, who own one-half shares of each of the instant buildings, concluded a lease agreement between the Defendant and the instant building with respect to KRW 100 million, monthly rent of KRW 3.4 million, and the lease term from July 5, 2018 to July 4, 2020 (hereinafter “instant agreement”). B. The Defendant is overdue from December 5, 2018.

Accordingly, on January 28, 2020, the plaintiffs sent to the defendant a certificate of the content that the contract of this case is terminated on the ground of the delinquency in rent, and on February 6, 2020, the plaintiff submitted the complaint of this case to the court of this case stating that "the lease contract is terminated on the ground of the defendant's delinquency in rent," and the defendant received a copy of the complaint on February 24, 2020.

(c)

On February 26, 2020, the Defendant delivered the instant building to the Plaintiffs.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. Since the defendant, on February 6, 2020, delivered the building of this case to the plaintiffs on February 6, 2020, the claim for delivery of the building of this case is without merit.

B. (1) The determination on a counterclaim is based on a lease agreement that guarantees all the obligations of a lessee arising from the lease after the termination of the lease agreement until the time when the object is ordered to the lessor. Since the amount equivalent to the secured obligation is naturally deducted from the security deposit, barring any special circumstance, when the object is returned after the termination of the lease agreement, the lessor is obligated to return only the remainder after deducting the secured obligation from the security deposit (Supreme Court Decision 2005Da8323, 8330 Decided September 28, 2005). (2) The Defendant paid only the rent to the Plaintiffs by December 4, 2018, as there is no dispute between the parties, and the Defendant is from December 5, 2018 to December 4, 2018.

참조판례

-대법원 2005. 9. 28. 선고 2005다8323, 8330 판결

유사 판례

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