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(영문) 광주지방법원 2015.12.17 2015가단29911
건물명도
Text

1. From 10,00,000 to 10,000 won, the Defendant shall start from March 10, 2015 to the completion date of delivery of the buildings listed in the separate sheet.

Reasons

1. Comprehensively taking account of the overall purport of the statements and arguments by Gap evidence Nos. 1 through 3 (including provisional numbers) as to the cause of the claim, the plaintiff, on April 10, 2013, leased the building listed in the separate sheet (hereinafter "the building of this case") to the defendant on April 10, 2013, with the lease deposit of KRW 10,000,000, monthly rent of KRW 990,000 (payment on October 10, 201), and the lease term of April 10, 2013 to April 10, 2015 (hereinafter "the lease of this case"). The defendant continued to use the building of this case after delivery, and the defendant paid the building of this case to the defendant on May 13, 2015 and did not pay the rent thereafter. According to the fact that the lease contract of this case was terminated by the plaintiff on May 13, 2015.

Therefore, barring special circumstances, the defendant is obligated to deliver the building of this case to the plaintiff and pay the unpaid rent and unjust enrichment for rent.

2. The defendant's defense is a defense of simultaneous performance that the plaintiff cannot respond to the plaintiff's claim from the plaintiff until the repayment date of the lease deposit. Thus, when the lease is terminated, the obligation to return the lease deposit and the obligation to deliver the leased object are in simultaneous performance relationship. Since the lease deposit guarantees all the lessee's obligations arising in relation to the lease until the delivery date of the object according to the lease contract, the right to claim the refund of the deducted balance arises. According to the above facts of recognition, the defendant is obligated to receive the remainder calculated by deducting the amount calculated by the rate of KRW 90,000 from the 10,000 to the 990,000 from March 10, 2015 to the completion date of the above delivery, and at the same time, to deliver the building of this case.

3. Conclusion.

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