(영문) 서울중앙지방법원 2016.10.26 2016가단75884

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(영문) 서울중앙지방법원 2016.10.26 2016가단75884

건물명도

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1. The Defendant is from KRW 1,312,46 to October 13, 2016 to the completion date of delivery of real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. As to the instant real estate owned by the Plaintiffs on June 3, 2014, the Plaintiffs concluded a lease agreement with a deposit of KRW 20 million, KRW 1230,000 per annum (payment in addition to delay damages of KRW 20,000 per annum), and agreed that the Plaintiffs may immediately terminate the lease agreement if the Defendant delays two or more vehicles from the date of the lease agreement to June 4, 2016 (hereinafter “instant lease agreement”), and the Plaintiffs delivered the said real estate to the Defendant under the said agreement.

B. However, the Defendant did not pay the monthly rent from August 26, 2015, and the Plaintiffs sent a notice of termination of the lease agreement to the Defendant on June 26, 2016 due to the second-term delinquency and expiration of the period, and the said notice was received to the Defendant around that time.

C. The defendant occupies and uses the real estate of this case until now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the above facts, the above lease contract between the plaintiffs and the defendant was lawfully terminated by the notification of termination on June 26, 2016, and barring any special circumstance, the defendant is obligated to deliver the real estate of this case to the plaintiffs. 2) Accordingly, the defendant is not able to respond to the plaintiffs' request for extradition until the lease deposit is returned from the plaintiffs.

Domins, the following B.

As seen in the above, the Plaintiffs are obligated to return to the Defendant the remainder of KRW 1,312,46, which remains after deducting the overdue rent and unjust enrichment from the lease deposit, from KRW 18,687,554, based on the time of the closing of argument in this case. Since the lessee’s obligation to return the leased object and the lessor’s obligation to return the deposit upon the termination of the lease are both related to the lessee

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