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(영문) 부산지방법원동부지원 2016.04.20 2015가단214327
건물명도
Text

1. The Defendant, from May 30, 2015, deliver from the Plaintiff the building indicated in the attached Table to the Plaintiff from May 30, 2015.

Reasons

1. Judgment on the plaintiff's claim

A. The following facts are acknowledged when there is no dispute between the parties, or when examining the overall purport of the pleadings in the entries in Gap evidence Nos. 1 and 2.

(1) On April 9, 2015, the Plaintiff leased the instant building owned by the Plaintiff (hereinafter referred to as the “instant building”) to the Defendant as the lease period from April 30, 2015 to April 29, 2016, the lease deposit amount of KRW 15 million, and KRW 1.1 million for monthly rent (the last day of each month).

(2) The Defendant paid to the Plaintiff KRW 1 million on the date of entering into a lease agreement, and KRW 103 million on April 30, 2015, respectively, and the Plaintiff appropriated the same as the lease deposit.

(3) Meanwhile, on June 19, 2015, the Defendant paid 1.2 million won as monthly rent to the Plaintiff, but thereafter, the Defendant did not pay the monthly rent to the Plaintiff.

B. According to the above facts of recognition, insofar as the Defendant did not pay more than two vehicles, the Plaintiff may lawfully terminate the lease contract that the Defendant entered into with the Defendant. Meanwhile, insofar as the instant complaint containing the intent to terminate the lease contract was served on October 19, 2015 on the Defendant, the lease contract between the Plaintiff and the Defendant is deemed lawful.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.

2. The defendant's assertion that the defendant cannot respond to the plaintiff's request for extradition until he receives the remainder after deducting the overdue rent from the lease deposit.

Therefore, the lessor's obligation to return the lease deposit when the lease is terminated is related to the lessee's obligation to return the leased object simultaneously with the lessee's obligation to return the leased object. The deposit received from the real estate lease guarantees all the lessee's obligation due to the lease, such as the lease obligation, the damage liability due to the loss, damage, etc. of the leased object, and the amount equivalent to the secured obligation will be returned after the lease relationship is terminated.

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