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(영문) 인천지방법원 부천지원 2018.06.19 2018가단1744
건물인도 등
Text

1. From 21,80,000 won to 21,80,000 won by the Plaintiff, the Defendant is from January 24, 2018 to the completion date of delivery of the real estate indicated in the separate sheet.

Reasons

1. On January 23, 2012, the Plaintiff: (a) leased the real estate indicated in the attached Form (hereinafter “instant real estate”) to the Defendant on January 23, 2012 by setting the lease deposit of KRW 30 million; (b) KRW 1200,000 per month (payment after January 23); (c) the lease term from January 23, 2012 to January 22, 2014 (hereinafter “instant lease”); and (d) the Defendant’s delayed payment under the instant lease term as of January 23, 2018; and (c) the Defendant’s business operation in the instant real estate as of January 23, 2018 is acknowledged by adding the overall purport of pleadings as to each of the real estate indicated in subparagraphs 1 through 4 (including the serial number); and (d) it is evident that the record of this case, including the termination of the instant lease agreement on the ground of rent by the Defendant, was delivered to the Defendant on January 21, 2018.

According to the above facts, the lease contract of this case was lawfully terminated according to the defendant's above overdue delay. Thus, the defendant is obligated to deliver the real estate of this case to the plaintiff, and return the unjust enrichment equivalent to the overdue rent of this case from January 24, 2018 to the date of the completion of the delivery as requested by the plaintiff.

2. The judgment of the defendant's assertion is a simultaneous performance defense with the remainder after deducting the overdue rent from the lease deposit under the lease contract of this case. Thus, in the lease contract, the lease deposit guarantees all the lessee's obligations under the lease, such as rent, unjust enrichment, etc. arising from the time when the object is delivered to the lessor after the termination of the lease contract. The amount equivalent to the secured obligation is naturally deducted from the lease deposit without any separate declaration of intention when the object is returned after the termination of the lease relationship. Therefore, the lessor is naturally deducted from the lease deposit.

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