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(영문) 서울남부지방법원 2016.04.05 2015가단66469
건물인도 등
Text

1. From February 1, 2015 to February 1, 2015, the Defendant: (a) from the Plaintiff, the annexed drawing 1 to 6, among the buildings listed in the annexed list.

Reasons

1. On March 1, 2013, the Plaintiff: (a) leased the instant real estate owned by the Plaintiff to the Defendant by setting the deposit of KRW 10 million; (b) monthly rent of KRW 500,000; and (c) the lease period from March 31, 2012 to March 30, 2014; (b) the said lease contract was equally renewed by setting the deposit and monthly rent; (c) the Defendant was not paid monthly rent from February 2, 2015; or (d) can be recognized as having no dispute between the parties or by comprehensively considered the purport of the entire pleadings as stated in the evidence Nos. 1 and 3. Accordingly, the said lease contract was lawfully terminated on January 8, 2016, which is a copy of the complaint of this case, stating the declaration of termination of the lease on the ground of delinquency in rent at least twice.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the amount calculated by the rate of KRW 500,000 per month by monthly rent or return of unjust enrichment from February 1, 2015.

2. The defendant's simultaneous performance defense can not be delivered to the real estate of this case until the deposit is returned. Thus, the defendant's obligation to deliver the real estate of this case upon the termination of the lease contract and the obligation to return the deposit money of this case are in the simultaneous performance relation.

Therefore, the Plaintiff asserts that the amount of unjust enrichment equivalent to the overdue rent or monthly rent should be deducted from the deposit. Therefore, in the lease contract, the lease deposit is generated from the time when the lessor issues an order to the lessor for the lease after the termination of the lease contract, and the amount equivalent to the secured obligation is naturally deducted from the deposit without a separate declaration of intention, barring any special circumstance, when the object is returned after the termination of the lease contract. Therefore, the lessor is obligated to return only the remainder after deducting the secured obligation from the deposit to the lessee.

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