logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원여주지원 2020.08.25 2020가단1709
건물인도
Text

From 10,000,000 to 600, the defendant's delivery of real estate in the annexed sheet from July 1, 2019 to the completion date of delivery of real estate in the annexed sheet.

Reasons

On February 13, 2019, the Plaintiff entered into a lease agreement with the Defendant on a deposit of KRW 10 million, monthly rent of KRW 600,000,000 from March 31, 2019 to March 31, 2021 (hereinafter “instant lease agreement”).

On March 31, 2019, the Defendant paid KRW 10 million to the Plaintiff, and the Plaintiff delivered the instant real estate to the Defendant on the same day.

Since the Defendant entered into the instant lease agreement, only the Plaintiff paid a total of KRW 1.8 million for three months.

The plaintiff declared to the defendant that the lease contract of this case is terminated on the ground that the service of the duplicate of the complaint of this case was not less than twice in arrears, and on June 1, 2020, the duplicate of the complaint of this case reached the defendant.

[Ground of recognition] In light of the fact that there is no dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings, the lease agreement of this case was lawfully terminated on the grounds of overdue rent at least two occasions on June 1, 2020.

In addition, the lease deposit guarantees all the obligations of the lessor due to the lease, and the remainder after deducting all the obligations of the lessee from the lease deposit during the lessor's obligation to return the lease deposit, and the obligation to return the object of the lessee is in the relationship of simultaneous performance.

Therefore, the Defendant is obligated to receive from the Plaintiff the remaining money after deducting the overdue rent or unjust enrichment calculated at the rate of KRW 600,000 per month from July 1, 2019 to the completion date of delivery of the instant real estate from the amount of KRW 10,000,000 under the instant lease agreement.

In conclusion, the plaintiff's claim is reasonable, and it is decided as per Disposition.

arrow