(영문) 서울동부지방법원 2019.06.25 2019가단3685

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(영문) 서울동부지방법원 2019.06.25 2019가단3685

부동산명도

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1. From 8,00,000 to 8,000 won, the Defendant indicated the attached Form Nos. 1 and 1 among the real estate listed in the attached Table from January 1, 2019.

Reasons

1. Determination as to the cause of claim

A. On April 24, 2017, the purport of the recognition is to renew the existing lease agreement concluded around May 29, 2013, with respect to the lease deposit amount of KRW 8,000,00,000 for the leased property, and KRW 770,000 for the tea (payment after May 29, 2017), and from May 29, 2017 to February 29, 2019, which was successively connected to each point of subparagraph 1, 2, 3, 4, 5, 6, 7, 8, and 1 of the attached drawings among the real estate listed in the attached list owned by the Defendant and the Plaintiff.

The following facts are established: (a) the Defendant entered into a lease agreement (hereinafter “instant lease”); (b) the Defendant paid the lease deposit; (c) the Defendant occupied, occupied, and used the instant real estate upon delivery; and (d) the Plaintiff sent notice to the Defendant to the effect that the Plaintiff would refuse to renew and deliver the instant lease around January 3, 2019 and around January 18, 2019; and (c) the Defendant, while the fact that the Plaintiff did not pay the rent from January 2019, either did not conflict between the parties, or was recognized by adding the entire purport of the pleadings to each of the items of

B. According to the above facts, since the lease of this case was lawfully terminated due to the expiration of the lease term, the defendant shall return the real estate of this case to the plaintiff, and at the same time, the plaintiff shall return the remaining amount after deducting the overdue rent from the lease deposit to the defendant.

Therefore, the Defendant is obliged to pay the Plaintiff money remaining after deducting the amount of rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 770,000 per month from January 1, 2019 to the completion date of delivery of the instant real estate, which was overdue from the Plaintiff at KRW 8,00,000.

2. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.

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