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Reasons
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(영문) 서울서부지방법원 2019.09.27 2018가단228168
건물명도(인도)
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1. The Plaintiff (Counterclaim Defendant) paid KRW 16,194,927 to the Defendant (Counterclaim Plaintiff) and its related amount from September 9, 2018 to September 27, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 16, 2017, the Plaintiff entered into a lease contract with the Defendant and the Plaintiff, setting the lease period of 24 months from December 21, 2017 to December 20, 2019, the deposit amount of 20 million won, and the monthly rent of 1.220,000 won (including value-added tax) plus the management fee of 20,000,000 won.

At that time, the defendant paid all the above deposits.

B. The Defendant, on May 2018, demanded the termination of the lease agreement by finding the Defendant, etc. around the following day: (a) the Plaintiff, who was in the process of the instant building, was influent with the son and the instant building; and (b) the Plaintiff, who became influent with other tenants due to smells, noise, etc. arising therefrom.

Accordingly, the defendant

8. Until May 31, 201, the Plaintiff agreed to leave the new leased building and to deliver the instant real estate to the Plaintiff, and the monthly rent was paid only by May 21, 2018.

Defendant

5. Since 22.2, the instant real estate was not used.

C. The Defendant paid only the rent up to March 2018, and did not pay the rent after April 21, 2018, counting from March 21, 2018.

The Defendant handed over the instant real estate on September 8, 2018.

[Ground of recognition] No dispute, Gap evidence Nos. 1 through 3, 6, Eul evidence Nos. 1 through 3, the purport of the whole pleadings

2. Judgment on each claim (deposit to be returned by the plaintiff);

A. From March 21, 2018, the Defendant’s counterclaim claim of this case

5. To claim the return of KRW 17,00,000, which remains after deducting three million won, such as monthly rent corresponding to the portion of two months until December, 21;

B. As the principal lawsuit, the Plaintiff sought payment of the overdue rent from April 2018 to September 8, 2018, and the aggregate of the water rates and electricity rates paid by the Plaintiff on behalf of the Plaintiff, but this is a dispute over the scope of the amount to be deducted from the said deposit, and thus, the Plaintiff’s claim against the principal lawsuit cannot be accepted.

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