(영문) 서울고등법원 2015.06.17 2014나44316

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(영문) 서울고등법원 2015.06.17 2014나44316

건물인도 등

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1. The judgment of the court of first instance is modified as follows.

Of the instant lawsuits, the part demanding delivery of the building is dismissed.

(b).

Reasons

1. Basic facts

A. Purport of the claim

On April 14, 2009, the Plaintiff, the owner of the real estate stated in the port (hereinafter “instant building”) leased the instant building to the Defendant. However, on the ground that the Defendant did not pay KRW 241 million out of the rent from October 2010 to May 201, the Plaintiff filed a claim suit against the Defendant, including the name of the building, on the ground that the lease contract for the instant building was terminated, and that the Defendant did not pay KRW 241 million from the rent from October 201 to May 201.

At the same time, the Plaintiff sought the delivery of the building of this case, and at the same time, sought a claim for the return of rent or unjust enrichment of KRW 61 million remaining after offsetting the Defendant’s claim for rent of KRW 241 million against the Defendant’s claim for the return of deposit for lease against the Plaintiff (=200 million - 180 million - 200 million - 200 million - 200 million - 300 million from June 14, 2011 until the completion date of delivery of the building of this case).

B. On November 28, 2011, between the Plaintiff and the Defendant, the following mediation was concluded:

Conciliation Provisions

1. The defendant shall pay 40,000,000 won to the plaintiff (260,000,000 won, such as the rent for overdue lease deposit of 180,000,000 won) until December 20, 2011, until January 20, 2012, 40,000 won until February 20, 2012, 200,000 won until March 222, 2012, and 10,000,000 won until April 20, 2012, 200,000 won until December 20, 2012, 200,000 won shall be paid until December 20, 200,000 won until March 20, 200,0000 won.

2. Subject to the Defendant’s payment to the Plaintiff of the amount stated in paragraph 1 above:

A. The Plaintiff is identical to the Defendant’s real estate that is abbreviationd as “the instant building” in the instant leased real estate trial.

The same provisions shall apply to the conciliation provisions of this case.

B From June 13, 2012 to June 12, 2017, rental deposit of KRW 180,000, monthly rent of KRW 33,000,000, and the lease period of KRW 180,000; and

B. The defendant should pay to the plaintiff.

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