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(영문) 수원지방법원 2016.04.29 2015가합70092
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) An annexed list from December 25, 2015.

Reasons

1. Basic facts

A. On August 25, 2013, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant as KRW 20 million, the lease period from August 25, 2013 to August 24, 2015, and the rent amounting to KRW 4 million per month.

(hereinafter “instant lease agreement”). B.

Since July 25, 2015, the defendant did not pay monthly rent, and currently has continuously occupied and used the real estate in this case.

C. On August 12, 2015, before the expiration of the instant lease agreement, the Plaintiff notified the Defendant of the delivery of the instant real estate upon the expiration of the lease term on August 24, 2015. On August 13, 2015, the said notification was issued to the Defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1-4, Gap evidence 2, Gap evidence 3-1, 2-2, Eul evidence 1, Eul evidence 2, and the purport of the whole pleadings

2. Determination

A. According to the above facts, the instant lease agreement terminated on August 24, 2015, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring any special circumstance. 2) As to this, the Defendant is unable to comply with the Plaintiff’s request for delivery until the Plaintiff is returned the lease deposit under the instant lease agreement.

In a lease agreement, the deposit is a security for the lessee’s all obligations arising from the lease that arise from the lease to the time when the object is delivered to the lessor after the termination of the lease agreement. The amount equivalent to the secured obligation is naturally deducted from the deposit, barring any special circumstance, when the object is returned after the termination of the lease relationship (see Supreme Court Decision 2005Da8323, 830, Sept. 28, 2005). The monthly rent under the instant lease agreement is KRW 4 million, and the Defendant is from July 25, 2015.

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