(영문) 대구지방법원김천지원 2020.02.04 2019가단36208

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(영문) 대구지방법원김천지원 2020.02.04 2019가단36208

건물명도(인도)

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1. The Defendant shall attach from the Plaintiff KRW 3,00,000 to the 4th floor of the building indicated in the attached Table from July 1, 2019 to the 212.99 square meters.

Reasons

1. Basic facts

A. On February 8, 2019, the Plaintiff: (a) attached Table 1, 2, 3, 4, 5, 6, 7, and 1, among the four-story buildings listed in the attached Table 4.99 square meters, leased 45 square meters inboard (D) (hereinafter “instant housing”) (hereinafter “instant housing”) from March 1, 2019 to February 28, 2020, with the lease deposit amount of KRW 3,00,000, monthly rent of KRW 310,000.

(hereinafter “instant lease agreement”). Under the instant lease agreement, the Plaintiff transferred the instant house to the Defendant, and the Defendant paid KRW 3,000,000 to the Plaintiff.

B. From July 1, 2019, the Defendant delayed the payment of monthly rent, and a duplicate of the instant complaint containing the Plaintiff’s declaration of intent to terminate the instant lease agreement due to the Defendant’s delinquency in rent was served on the Defendant on November 7, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of determination, the instant lease contract was lawfully terminated by the Plaintiff’s declaration of intent to terminate the contract, barring special circumstances, the Defendant is obligated to deliver the instant house to the Plaintiff, and return the amount of unjust enrichment equivalent to the rent from July 1, 2019 to the completion date of delivery of the instant house.

The Defendant has a defense of simultaneous performance with the Plaintiff’s obligation to return the lease deposit amount of KRW 3,00,000 and the obligation to return the lease deposit and to deliver the object of the lease when the lease is terminated. However, in the lease contract, the lease deposit guarantees all the lessee’s obligations concerning the lease arising from the lease after the lease contract is terminated until the lease is delivered to the lessor. The amount equivalent to the secured obligation is naturally deducted from the deposit without a separate declaration of intention, unless there is any special reason to the contrary when the object of the lease is returned after the termination of the lease contract.

유사 판례

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