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(영문) 수원지방법원안산지원 2019.04.03 2018가단18221
건물명도
Text

1. From 15,00,000 won to 1,000 won to 1,000 each month from January 23, 2018 to the delivery of the building indicated in the attached sheet.

Reasons

1. Facts of recognition;

A. On November 21, 2017, the Plaintiff leased the attached building (the second floor among the fourth floor buildings) to the Defendant as security deposit of KRW 15 million, KRW 1 million per month (payment on January 23), and the period from November 23, 2017 to six months.

B. On November 23, 2017, the Defendant paid a deposit to the Plaintiff and paid only the rent for the two months following the occupancy of the building in question, and thereafter, did not pay the rent by day.

[Reasons for Recognition] Unsatisfy, Gap 1 through 5 (including virtual numbers), the purport of the whole pleadings

2. According to the above findings of determination, the above lease contract was lawfully terminated on November 30, 2018 when the copy of the complaint of this case seeking the termination of the lease contract and the delivery of the building indicated in the separate sheet was delivered to the Defendant on the grounds of the Defendant’s delinquency in rent.

Therefore, the defendant is obligated to deliver the building indicated in the attached Form to the plaintiff and return unjust enrichment equivalent to the overdue rent or rent, calculated by the ratio of one million won per month from January 23, 2018 to the delivery of the building.

The defendant asserts to the effect that it is unfair to seek the overdue rent from January 23, 2018 because the plaintiff exempted the plaintiff from the rent for the electrical construction and cleaning costs of the above building at the time of occupancy, but there is no other evidence to acknowledge the overdue rent from January 23, 2018.

In addition, the defendant asserts that the delivery of the above building and the return of deposit are in simultaneous performance relationship.

When the lease is terminated, the obligation of the lessee to deliver the leased object and the obligation of the lessor to return the deposit are in the simultaneous performance relationship, and the full amount of the deposit has not yet been deducted from the overdue rent, the defendant's argument has merit.

Therefore, the defendant is paid to the plaintiff the remaining amount calculated by deducting the amount calculated at the rate of 1 million won per month from January 23, 2018 to the delivery of the building indicated in the separate sheet from January 23, 2018.

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