(영문) 서울북부지방법원 2020.05.07 2019나30202

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2020.05.07 2019나30202

건물인도 등

Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) is revoked, and the revocation part is applicable.

Reasons

(a) A counterclaim shall be deemed to be filed together;

1. Facts of recognition;

A. On October 14, 2012, the Defendant concluded a contract with the Plaintiff to lease the instant real estate with the term of lease from October 14, 2012 to 24 months, the lease deposit amount of KRW 50,000,000 (no rent) and continued to occupy and use the instant real estate by paying KRW 50,00,000 to the Plaintiff.

B. On May 10, 2017, when the above lease contract was continuously renewed, the Plaintiff returned KRW 5,000,000 to the Defendant on May 10, 2017. On May 10, 2017, the Defendant prepared and delivered to the Plaintiff the document stating that “The Plaintiff is obligated to return the entire amount of the deposit at the time of the request of the lessee even before July 10, 2017 (Evidence No. 19) by the lessee, the lessee, the lessor, and the Plaintiff: (a) May 10, 2017; (b) within two months from the date of receipt by the lessee, the Defendant was at the time of the lease; and (c) even before July 10, 2017, the lessee was obligated to return the deposit at the time of the request by the lessee.”

C. When the Defendant was unable to move by July 10, 2017, the Plaintiff and the Defendant entered into a lease agreement with the Plaintiff on July 10, 2017, setting the lease deposit amount of KRW 45,000,000 as well as KRW 350,000 as a rent (hereinafter “instant lease agreement”) and the part relating to the instant case in its content is as follows.

Section - Contents of the main text of the lease contract for temporary use - Terms and conditions of the contract for temporary use - The contract for temporary use lease is scheduled to be moved by preparing a contract for temporary use lease because it was not intended to move, and finding the house to be transferred within the contract period.

1. Specifying as of July 10, 201 in the name of the real estate;

b.(Monthly) The time limit shall be ten months after the date on which the lessee has ordered the lease to do so; and

2. The house to be transferred by the lessee even before the expiration of the period of temporary use contract.

유사 판례

-서울고등법원 2017.09.14 2017나2010037

-서울중앙지방법원 2020.09.08 2020나5012

-서울동부지방법원 2020.09.01 2019가단157988

-인천지방법원 2018.03.29 2017나10930

-부산지방법원 2015.03.19 2014가합13979