(영문) 인천지방법원 2015.10.02 2015가단31031

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(영문) 인천지방법원 2015.10.02 2015가단31031

건물인도

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the annex;

B. 2,600,000 won and as regards this, June 10, 2015

Reasons

1. Facts recognized;

A. On August 14, 2014, the Plaintiff leased the building indicated in the attached Form (hereinafter “instant building”) to the Defendant, with a deposit of KRW 10 million, KRW 650,000 per month, and the period from August 18, 2014 to August 17, 2015.

B. However, the Defendant did not pay a total of KRW 2.6 million until May 17, 2015.

C. On June 9, 2015, a copy of the instant complaint stating the Plaintiff’s intent to terminate the instant lease agreement on the grounds of the Defendant’s delinquency in rent was served on the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, significant facts in this court, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the lease contract of this case is deemed to have been lawfully terminated. Thus, barring any special circumstance, the defendant shall deliver the building of this case to the plaintiff, and pay damages for delay amounting to 2.6 million won per annum of 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from June 10, 2015 to the day of complete payment, which is the day following the delivery of a copy of the complaint of this case, to June 17, 2015. The defendant shall be liable to compensate for damages equivalent to the rent calculated by the ratio of 650,000 won per month from May 18, 2015 to the day of complete delivery.

3. As to the Defendant’s assertion and its determination, the Defendant may deduct the overdue rent from the lease deposit, the Defendant asserts that the termination on the ground of overdue rent is unlawful. However, even if the lease deposit is delivered to the lessor, the lessor may freely choose whether to cover the overdue rent from the lease deposit while the lease relationship is in progress. As such, it is not naturally deducted from the lease deposit without a separate declaration of intention, such as deduction of overdue rent, before the termination of the lease contract.

However, there is no evidence to view that the Plaintiff had deducted the overdue rent from the deposit.

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