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(영문) 서울서부지방법원 2020.11.18 2020가단277613
건물인도
Text

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall deliver to the Plaintiff (Counterclaim Defendant) the building indicated in the attached Table, and attach from August 16, 2020.

Reasons

1. Determination on the main claim

A. On March 7, 2019, the Plaintiff is a building indicated in the separate sheet (hereinafter “instant building”) between the Defendant and the Defendant on or around March 7, 2019.

(1) The annual rent of KRW 51,600,000 and the annual rent of KRW 20,000 shall be paid in advance as to the lease deposit, and the annual rent of KRW 51,60,000 shall be paid in March 26, 2019 and KRW 51,600,000 for the second year rent shall be paid in December 26, 2019, respectively, and the first period means the monthly rent (Article 3); the lease period means the monthly rent; and the lease period means the lease contract (hereinafter “instant lease contract”). From March 26, 2019 to March 26, 2021, which is the delivery date of the instant building.

(2) Around March 26, 2019, the Defendant paid the first year rent, and received the instant building from the Defendant, and used it as a residence until the closing date of the argument in the instant lease until before the closing date of the argument in the instant case. However, the Defendant did not pay at all KRW 51,60,000 for the second year rent stipulated in the instant lease agreement.

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

B. According to the facts of the judgment on the cause of the claim, it is obvious that the Defendant was in arrears of more than two-year rent under the instant lease agreement that occurred from March 26, 2020, and it is evident in the record that the duplicate of the complaint of this case, including the Plaintiff’s declaration of intent to terminate the instant lease agreement, was served on July 13, 2020. Thus, the instant lease agreement was lawfully terminated on July 13, 2020.

Furthermore, in a lease agreement, security deposit for all the obligations of a lessee arising from the lease agreement to the time when the leased object is delivered to the lessor after the termination of the lease agreement, and such obligations are naturally deducted from the deposit without any separate declaration of intention, barring any special circumstances, when the object is returned after the termination of the lease agreement. From 20 million won to 20 million won, the security deposit for the lease of this case was from March 26, 2020 to 20.

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