(영문) 서울서부지방법원 2017.05.30 2017가단3393

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(영문) 서울서부지방법원 2017.05.30 2017가단3393

건물명도(인도)

Text

1. The defendant,

A. From 13,00,000 to 13,000 won, the delivery of buildings listed in the separate sheet from March 29, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 29, 2016, the Plaintiff entered into a lease agreement with the Defendant with a condition that the lease deposit is KRW 20,000,000 for the instant building, KRW 1,400,00 for the monthly rent, and KRW 1,400 for the term of the lease from March 29, 2016 to March 28, 2018. However, if the overdue rent falls short of the period of two years, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”).

B. The Defendant paid the lease deposit to the Plaintiff and received the delivery of the building of this case, and uses and benefits therefrom until now.

C. Meanwhile, if the Defendant did not pay the rent for five months, the Plaintiff expressed his/her intent to terminate the instant lease by serving a duplicate of the instant complaint on the part of the Defendant, and the overdue rent amounting to KRW 7,000,000 (=1,400,000 x five months) by March 28, 2017 near the date of closing the pleadings of the instant case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. According to the above facts, the lease contract of this case was lawfully terminated by the plaintiff's declaration of termination due to the defendant's declaration of termination on the ground of not less than two years of overdue delay, and barring any special circumstance, the defendant is obligated to deliver the building of this case to the plaintiff and pay the unpaid rent and unjust enrichment equivalent to the unpaid rent.

However, if a lease contract is terminated, the lessor's obligation to return the lease deposit and the lessee's obligation to deliver the object is related to the simultaneous performance, and the lease deposit guarantees all the lessee's obligations arising from the lease, such as the lease deposit, and the lessee's obligation to pay unjust enrichment arising from the lease after the termination of the lease contract shall be deducted from the lease deposit without any separate declaration of intention

Therefore, the Defendant’s remainder of KRW 13,00,000 (=20,000,000) from March 28, 2017 to March 1, 200,000 per month from March 29, 2017 to the completion date of delivery of the instant building.

유사 판례

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