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(영문) 서울북부지방법원 2019.06.14 2019가단105419
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

가. 서울 강북구 C 지상 벽돌조 건물 1층 중 별지 도면 표시 ㉠, ㉡, ㉢, ㉣,...

Reasons

1. On June 8, 2016, the Plaintiff agreed to lease the instant real estate to the Defendant with an agreement that the lessor may terminate the contract if the amount of the rent in arrears of the lessee exceeds the amount of the rent for the second period of two years, and the said lease agreement was maintained upon implied renewal even after the expiration of the lease period.

The defendant is in arrears with monthly rent from the time of the above contract. The plaintiff shall terminate the above lease contract by serving a copy of the complaint of this case on the basis of the above agreement.

Accordingly, the Plaintiff seeks to transfer the instant real estate to its original state: (a) the Plaintiff sought to the Defendant from June 8, 2016 to February 8, 2019 for the repayment of the rent of KRW 8,000,00 and delay damages for the 20-time arrears between the 20-time arrears liability and the 20-time arrears liability ( even if a lease deposit has been granted to the lessee, the lessor may freely choose whether to cover the overdue arrears from the lease deposit while the lease relationship continues to exist. Therefore, the lease deposit is not naturally deducted from the lease deposit without any separate declaration of intention, such as deduction before the termination of the lease contract, but the lessee may not be able to refuse the payment of the rent on the ground of the existence of the lease deposit (see, e.g., Supreme Court Decision 2016Da21309, Nov. 25, 2016); and (b) the obligation to pay the rent is due from the date following the date when the payment was finalized to return the deposit and delay damages from the date (see Supreme Court Decision 2019.3.

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