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(영문) 의정부지방법원 2019.07.16 2019가단100301
건물명도(인도)
Text

1. The defendant shall deliver the building as stated in the attached Form to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. The Plaintiff leased the attached building to the Defendant.

Contract object: The second contract period from August 30, 2016 to August 29, 2018: Deposit and rent from August 30, 2018 to August 29, 2020: 30 million won (first contract)/1.6 million won (first contract): Value-added tax and management fee shall be separately paid by the lessee.

The lessor shall pay the interest on two installments a month in the event of the second consecutive arrears of the rent (excluding the management expenses), and the lessor may be ordered in the presence of a third party.

B. The Defendant did not pay rent from August 2018, and did not pay 22,934,140 won including the late payment charge as of June 2019.

[Evidence A] Evidence Nos. 1 through 6

2. Determination

A. As seen above, the defendant did not pay rent more than twice, and the plaintiff's assertion seeking the termination of the lease contract is with merit. Thus, the defendant must deliver the building as stated in the attached Form to the plaintiff.

B. The defendant is seeking to return the remainder of the deposit with the exception of the rent in arrears.

However, unless special circumstances exist, such as that the lessee has agreed otherwise in the lease contract, the liability for the management fees, water supply fees, electricity charges, etc. incurred for the use or profit-making of the object during the use or profit-making period of the leased object belongs to the lessee's obligation guaranteed by the security deposit due to the nature of the lease relationship.

(See Supreme Court Decisions 2005Da8323, 8330, Sept. 28, 2005; 2012Da19154, Jun. 28, 2012). As seen earlier, the Defendant agreed to pay management expenses separately. As such, it is clear in the calculation that the sum of overdue rent and management expenses exceeds KRW 30 million as of the completion of the argument in the instant case, and thus, the foregoing assertion is difficult to accept.

3. It is so ordered as per Disposition by accepting the Plaintiff’s claim for conclusion.

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