(영문) 대전지방법원 2017.01.10 2016가단10459

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(영문) 대전지방법원 2017.01.10 2016가단10459

건물명도

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1. The defendant's second floor of the building stated in the attached Form to the plaintiff each point indicated in the attached Form (1), (2), (3), (6), and (1).

Reasons

1. Basic facts

A. On October 25, 2013, the Plaintiff entered into a lease agreement between the Defendant and the Defendant on a deposit of KRW 10,000,000, monthly rent of KRW 600,000, monthly rent of KRW 600,000, and from October 25, 2013 to October 25, 2015 (hereinafter “instant lease agreement”).

B. After the conclusion of the instant lease agreement, the Defendant occupied and used the instant building, but did not pay as from October 26, 2014.

C. On November 16, 2015, the Plaintiff sent to the Defendant a content-certified mail to the effect that the Plaintiff did not intend to extend the lease agreement on the grounds of the expiration of the lease agreement term and the delinquency in rent.

[Reasons for Recognition] Each entry of Gap's evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination

A. According to the above basic facts, the lease of this case was terminated by the declaration of termination of the lease on the ground of the expiration of the lease term and the delinquency in rent.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant building to the Plaintiff.

B. As to this, the Defendant asserts that the delivery of the instant building is in the simultaneous performance relationship with the return of the Plaintiff’s deposit, and the Plaintiff asserts that there is no deposit to be returned to the Defendant if the Plaintiff deducts the overdue rent not paid by the Defendant from the deposit and the unjust enrichment equivalent to the rent from March 20, 2016.

The fact that the Defendant did not pay the rent of KRW 7,200,000 for 12 months from October 26, 2014 to October 25, 2015 is no dispute between the parties.

In addition, comprehensively taking into account the descriptions of evidence Nos. 6 and 7 and the testimony of witness C, the Defendant took out part of the instant building on October 15, 2015 and moved his place of residence. However, the Defendant’s Cho Jong-kon up to March 20, 2016.

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