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(영문) 서울중앙지방법원 2016.04.20 2015가단5370839
건물명도
Text

1. The defendant shall deliver the building as stated in the attached Form to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. On June 15, 2015, the Plaintiff: (a) leased the attached building to the Defendant with a deposit of KRW 10 million; (b) KRW 1250,000 per month; (c) KRW 30,000 per month; and (d) June 14, 2017.

B. The Defendant paid a deposit of KRW 10 million to the Plaintiff and resides in the building indicated in the attached Form, but did not pay rent and management expenses after paying only the rent and management expenses for the second month.

On November 18, 2015, the Plaintiff sent to the Defendant a certificate that the lease contract is terminated on the grounds of the delinquency in rent.

C. On October 2015, the Plaintiff returned the deposit amount of KRW 10 million to the Defendant, which was KRW 2 million.

[Reasons for Recognition] Unsatisfy, Evidence A No. 1-1, 2, 3, the purport of the whole pleadings

2. Determination

A. According to the above facts, the lease agreement was terminated on November 18, 2015, when the Plaintiff’s declaration of termination on the ground of the delinquency in rent reaches the Defendant.

(F) If a copy of a complaint containing a declaration of intention of termination is delivered to the Defendant, it shall be terminated. Accordingly, the Defendant is obliged to deliver the building as stated in the attached Form to the Plaintiff at the same time as the Plaintiff was refunded the amount remaining after deducting the overdue rent and management expenses from the

B. Since the Plaintiff returned KRW 2 million out of the deposit, the remaining deposit is KRW 8 million.

Since the defendant does not pay rent and management expenses from August 15, 2015, the calculation of unpaid rent and management expenses by March 14, 2016, which is the time of the closure of pleadings is 8,960,000 won (1,280,000 won x 7 months).

Therefore, since the deposit to be returned to the plaintiff does not remain, the defendant cannot exercise his right to defense of simultaneous performance, the defendant has a duty to deliver the building attached to the plaintiff.

C. The Defendant was the former lessee, and the former lessee experienced inconvenience in living due to malodor and construction noise, etc., and thus, was entitled to compensation for the damages incurred therefrom. The Plaintiff first called the Plaintiff, and thus, the director’s cost and brokerage commission, etc.

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