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(영문) 서울동부지방법원 2015.05.29 2015가단1179
건물명도 등
Text

1. From 14,400,000 to 11, 205, the Defendant shall deliver the real estate listed in the separate sheet from the Plaintiff to the completion date.

Reasons

Comprehensively taking account of the respective descriptions and the overall purport of arguments by Gap 1 and 2 as to the cause of the claim, the plaintiff is "No. 801" between the defendant and the defendant on March 2013, the plaintiff is "No. 1 as stated in the attached list to the defendant.

) The Plaintiff’s termination of the above lease agreement can be acknowledged as the delivery of the complaint of this case, on the following grounds: (a) the lease agreement was concluded with the condition that the lease was made during the period from March 10, 2013 to March 9, 2015; (b) the lease deposit was received at that time; and (c) the Defendant was in arrears for the period of 13 months until January 10, 2015.

According to the above facts, since the above lease contract was lawfully terminated due to the defendant's delinquency in rent, the defendant is obligated to deliver 801 to the plaintiff and pay the plaintiff the unpaid rent and the amount of unjust enrichment equivalent to the rent, which is the sum of 1.2 million won per month.

As to the defendant's defense and judgment, since the defendant cannot deliver 801 until the refund of the above lease deposit or the above lease deposit is deducted from the delinquent rent, the lessee's obligation to deliver the leased object and the lessor's obligation to return the lease deposit is in a simultaneous performance relationship. On the other hand, the deposit received in the lease of real estate is secured by the lessee's all obligations arising from the lease, such as the lease deposit, the damage liability arising from the loss or damage of the object, etc., and the amount equivalent to the secured obligation is naturally deducted from the deposit without a separate declaration of intention, barring any special circumstances, when the object is returned after the termination of the lease relationship. Thus, the above defense is justified within the limit of the remaining lease deposit after deducting the above rent, etc.

Therefore, the Defendant deducts the monthly rent of KRW 15.6 million from the Plaintiff to January 10, 2015.

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