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Reasons
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(영문) 서울남부지방법원 2018.03.20 2017가단21828
건물명도(인도)
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1. From 27,00,000 to 27,000 won, the Defendant shall attach the attached Form among the two floors of the real estate listed in the attached list from June 11, 2017.

Reasons

1. Facts of recognition;

A. On July 11, 2016, the Plaintiff: (a) leased to the Defendant, on a fixed date, 27,000,000, monthly rent of KRW 20,000, monthly rent of KRW 200,000, monthly rent of KRW 200,000, monthly rent of KRW 200,000, monthly rent of KRW 20,000, monthly rent of KRW 200,000, monthly rent of KRW 20,000, and period of lease of KRW 20,000,000, monthly rent of KRW 20,000,000, and August 11, 2018, the period of lease on the two real estate listed in the attached list to the Defendant.

B. The Defendant and C together resided in the instant building, and the Defendant paid monthly rent to June 10, 2017, and possessed the instant building.

C. The Plaintiff and the Defendant agree to terminate the instant lease agreement, but there is a dispute over the amount equivalent to the monthly rent to be deducted from the deposit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, purport of whole pleadings

2. The plaintiff's assertion and judgment of the parties asserted that C should also be deducted from the monthly rent to be paid by C, as the defendant forced to produce C from the building of this case and occupied by the mixed person. However, even if the defendant forced to produce C from the building of this case, it shall not be possible to claim the monthly rent to be paid by C to the defendant, regardless of whether C can claim damages, etc. against the defendant.

Therefore, the Defendant is obliged to order the Plaintiff to order the instant building at the same time with the remainder after deducting the amount of monthly rent or unjust enrichment equivalent to monthly rent from KRW 27,000,000 to KRW 20,000 per month from June 11, 2017 to the delivery date.

3. In conclusion, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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