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(영문) 광주지방법원 순천지원 2018.03.06 2017가단6676
건물명도 등
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1. Defendant A shall deliver to Defendant B apartment Nos. 208, 301 at the time of leisure, B apartment, Inc.

2. Defendant.

Reasons

1. Defendant A;

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act;

2. House attached to the defendant corporation;

A. In full view of the overall purport of the arguments in the evidence Nos. 1 through 7, Defendant A entered into a lease agreement with Defendant A on May 31, 2013 with regard to the lease deposit amounting to KRW 50,000,000 and KRW 301,01 (hereinafter “the instant real estate”) in leisure time B apartment No. 208,000, and the lease period from May 2, 2014 to May 1, 2015 (hereinafter “the instant lease agreement”). Since then, Defendant A sent Defendant A a notice of transfer of the lease deposit amount to Defendant A on October 15, 2013.

According to the above facts, since the contract of this case between the defendant A and the defendant company was terminated at the expiration of the term, the defendant A is obligated to deliver the real estate of this case to the defendant company as the plaintiff seeks by subrogation of the defendant company, and the defendant company is obligated to pay 50,000,000 won to the plaintiff.

B. As of August 10, 2017, the Defendant Company asserted that, under the instant lease agreement as of August 10, 2017, the Defendant Company’s obligation to the Defendant Company A, including unpaid overdue charges, management fees, etc., should be deducted from all the Defendant Company’s obligation to the Defendant Company incurred with respect to the real estate including overdue charges, management fees, etc. from the date following the above base date until the delivery of the instant real estate was made. Thus, in light of the evidence No. 1 of B, it is recognized that the unpaid overdue charges, etc., which the Defendant Company did not pay by August 10, 2017, were 7,15,720, and the said amount should be deducted from the lease deposit that the Defendant Company would pay to the Plaintiff.

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