(영문) 서울서부지방법원 2018.06.07 2017가단234432

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2018.06.07 2017가단234432

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From 15,500,000 won and from 16 May 2018

Reasons

1. Facts of recognition;

A. On August 17, 2016, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 100 million, KRW 700,000 per month of rent, and from October 15, 2016 to October 15, 2018, with respect to the building listed in the separate sheet (hereinafter “instant building”).

(hereinafter “instant lease agreement”). B.

Since then, as the Defendant did not pay two or more vehicles, the Plaintiff notified the Defendant of the termination of the instant lease agreement on May 2, 2017, and filed the instant lawsuit containing such declaration of intent on October 26, 2017.

C. The overdue rent that occurred until May 15, 2018, which is the closing date of the instant pleadings, reaches a total of KRW 115 million.5 million.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination:

A. According to the above facts, the lease contract of this case was lawfully terminated by the Plaintiff’s declaration of termination on the ground of the Defendant’s failure to pay two or more rents, barring any special circumstance, the Defendant should deliver the building of this case to the Plaintiff, and pay the Plaintiff the unpaid rent and unjust enrichment equivalent to the unpaid rent.

B. However, in the event that a lease contract is terminated, the lessor’s duty to return the lease deposit and the lessee’s duty to return the leased object are in a simultaneous performance relationship. The lease deposit guarantees all the lessee’s obligations arising from the lease, such as the lease deposit, and the lessee’s obligation, such as unjust enrichment, etc. arising from the lease after the termination of the lease contract, should be deducted from the lease deposit as a matter of course without any separate declaration of intent. Accordingly, the Defendant asserted to the same purport, as seen earlier, and accordingly,

The fact that the lease deposit of the instant lease agreement was KRW 100 million, and that the Defendant was in arrears until May 15, 2018 is a total of KRW 115 million, as seen earlier.

유사 판례

-대구지방법원서부지원 2020.09.23 2019가단51465

-서울서부지방법원 2018.04.26 2017가단23564

-서울중앙지방법원 2017.01.18 2016가단5179828

-대구지방법원포항지원 2015.11.17 2015가단8344

-창원지방법원 2017.04.13 2016가단13881