(영문) 서울서부지방법원 2017.07.04 2017가단2369

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(영문) 서울서부지방법원 2017.07.04 2017가단2369

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. 1,524,750 Won and above from June 2, 2017

Reasons

1. Facts of recognition;

A. On January 23, 2016, the Plaintiff entered into a lease agreement with the Defendant on deposit 5,00,000 won for the instant building, 550,000 won for the monthly rent (in addition to value-added tax, the second day of each month), and from February 2, 2016 to February 1, 2017, on condition that the lease agreement may be terminated when the overdue rent falls on the second period (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, the Defendant did not pay the rent properly from May 2016, and the Plaintiff notified the Defendant of the termination of the instant lease agreement on January 25, 2017.

The rent in arrears is KRW 6,160,000 (=5,000 per month x 605,000 per month x 10 months x 10 months) which is close to the closure date of the pleadings in this case by June 1, 2017. The rent in arrears is total of KRW 6,524,750 per month. The management fee in arrears is total of KRW 364,750 per month.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 12 evidence (including additional number), the purport of the whole pleadings

2. Determination:

A. According to the above facts, the lease contract of this case was lawfully terminated by the Plaintiff’s declaration of termination on the ground of the Defendant’s failure to pay two or more rents, barring any special circumstance, the Defendant should deliver the building of this case to the Plaintiff, and pay the Plaintiff 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 return the leased object are 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, such as unjust enrichment, etc. arising from the time when the lease contract is terminated until the time when the object is delivered, should also

Therefore, the defendant delivers the building of this case to the plaintiff, and the rent in arrears is overdue.

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