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(영문) 수원지방법원성남지원 2019.01.25 2018가단222432
건물명도(인도)
Text

1. The Defendant is from KRW 100 to KRW 100,000,000 to KRW 20,000,000.

Reasons

1. Around April 11, 2017, the Plaintiff entered into a contract with the Defendant for the lease of the building listed in the attached list (hereinafter “instant building”) with the Defendant by setting the deposit amount of KRW 100 million, monthly rent of KRW 7300,000 (excluding value-added tax), and the lease term of April 10, 2019 (hereinafter “instant lease contract”). The Defendant was delivered the instant building and operated the screen screen site at that time, but did not pay the rent after February 2018; the Plaintiff terminated the instant lease contract without dispute between the parties; according to the above recognition, the Defendant is obligated to deliver the instant building to the Plaintiff, barring any special circumstances.

2. As to the defendant's assertion, since the defendant's obligation to pay the remainder after deducting the overdue rent from the deposit and the defendant's obligation to deliver the building of this case also exists in the simultaneous performance relationship, the duty to return the leased object arising from the termination of the lease contract and the remaining security deposit after deducting the lessor's overdue rent from the lessee's obligation to return the leased object arising from the termination of the lease contract are in the relationship of simultaneous performance (see, e.g., Supreme Court Decision 2010Da18263, Jun. 10, 2010; Supreme Court Decision 2010Da18270, Jun. 10, 201). The defendant'

Meanwhile, the Defendant asserts that the amount of value-added tax should be deducted on the unpaid rent because the Plaintiff did not issue a tax invoice. However, even if a building lease contract is terminated due to the lessor’s termination notice and thus a lessee’s possession is illegal, if the lessee continues to use the building without ordering it, and the lessor also owns the rental deposit and thereby deducts the amount equivalent to the future rent from the deposit, it constitutes a supply of services subject to value-added tax.

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