(영문) 의정부지방법원 2015.01.14 2014가단114602

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(영문) 의정부지방법원 2015.01.14 2014가단114602

건물명도

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1. The defendant shall receive KRW 20,000,000 from the plaintiff, and at the same time, shall be the real estate stated in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. On July 22, 2013, the Plaintiff entered into a lease agreement between the Defendant and the Defendant to lease the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant by setting the rental deposit amount of KRW 20 million, KRW 650,000 per month, and KRW 650,000 per month, and the lease term of KRW 17, 2015 (hereinafter “instant lease agreement”), and received the said deposit from the Defendant and delivered the instant real estate to the Defendant.

B. However, the Defendant did not pay two or more monthly rents as stipulated in the instant lease agreement, and on March 2014, the Plaintiff sent to the Defendant a certificate of the content that the instant lease agreement was terminated on the grounds of the foregoing rent delay. The content certification reached the Defendant around that time.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts, the lease contract of this case was lawfully terminated as the notification of termination of the contract of this case. Thus, barring special circumstances, the defendant is obligated to deliver the real estate of this case to the plaintiff.

B. As to this, the defendant asserted that he cannot accept the plaintiff's claim until he receives the lease deposit of this case from the plaintiff. Thus, the defendant paid 20,000,000 won to the plaintiff under the lease contract of this case as seen earlier. The plaintiff also has a duty to return 20,000,000 won to the defendant by termination of the lease contract of this case as above.

Therefore, the plaintiff's above obligation to return the deposit is related to the defendant's obligation to deliver the above real estate simultaneously, so the defendant's above defense is justified.

C. Therefore, the defendant is obligated to deliver the real estate of this case to the plaintiff simultaneously with receiving KRW 20,000,000 from the plaintiff.

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