(영문) 서울북부지방법원 2018.02.07 2017가단14458

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(영문) 서울북부지방법원 2018.02.07 2017가단14458

건물인도 등

Text

1. From 8,989,830 to 8,99,830 won, the Defendant shall indicate the first floor among the buildings listed in the separate sheet from January 25, 2017.

Reasons

1. Facts of recognition;

A. On October 25, 2015, the Plaintiff entered into a lease agreement between 3,4,5,6, and 39 square meters of (a) portion of (a) part on a ship connected in sequence with each point of 39 square meters (from the next date, the instant real estate) in the attached Table No. 1 floor among the buildings listed in the attached Table No. 205, and the lease agreement between 10,000,000, monthly rent 450,000, and the lease term until October 24, 2017 (the instant lease agreement from the next date).

B. From January 25, 2017, the Defendant does not pay monthly rent to the present real estate and resides in the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 14, Eul evidence 1 to 12, the purport of the whole pleadings

2. Determination

A. The Defendant is obligated to deliver the instant real estate to the Plaintiff, barring any special circumstance, since the conclusion of the instant lease agreement as to the cause of the claim does not conflict between the parties.

B. The simultaneous performance of the refund of deposit and the Defendant is obligated to deliver the instant real estate to the Plaintiff at the same time with the payment of the remaining lease deposit from the Plaintiff, excluding the money obtained by deducting the following deduction from the lease deposit:

① Partial deposit 1,00,000 won received by the Defendant on April 27, 2017 ② Monthly rent or unjust enrichment of KRW 450,00 per month, calculated from January 25, 2017 to the completion date of delivery of the instant real estate (3) The Plaintiff’s claim for deduction under this part of this case is rejected, since there is no evidence to acknowledge this.

④ The fact that the Defendant was 60,000 won for boiler repair costs is recognized and offset from the deductible amount.

However, it is not recognized that monthly rent 960,000 for the defendant's argument C3 months is difficult to be considered as damages due to the plaintiff's reasons attributable to the plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 14, and Eul evidence 1 to 12.

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