(영문) 서울서부지방법원 2018.11.13 2018가단222207

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(영문) 서울서부지방법원 2018.11.13 2018가단222207

건물명도(인도)

Text

1. The defendant,

A. From 16,052,189 won to 16,052,189, the annexed drawing among the first floor of the building listed in the annexed list from September 26, 2018.

Reasons

1. Facts of recognition;

A. On January 16, 2014, the Plaintiff entered into a lease agreement with the Defendant to pay the lease deposit amount of KRW 19,265,40 for the instant real estate, KRW 1,014,70 for the month of rent (excluding value-added tax and management expenses, and KRW 25 for each month), and from March 1, 2014 to February 28, 2015 for the term of lease, and where the rent and management expenses are overdue, a lease agreement to pay the lease deposit of this case by adding 10% (hereinafter “instant lease agreement”).

B. As the Defendant was in arrears for more than three months from December 2017, the Plaintiff notified the Defendant of the termination of the instant lease agreement on April 6, 2018, and filed the instant lawsuit containing such declaration of intent on July 2, 2018.

C. As of October 23, 2018, which is the closing date of the instant pleadings, the Defendant’s overdue rent and management expenses (=2,454,719 won) KRW 3,213,211, in total, up to September 25, 2018, which is close to the closing date of the instant pleadings, as of October 23, 2018, which is the closing date of the instant pleadings; the Defendant March 26, 2018;

8.9.9. The same year

9. 11. The remainder after considering all the overdue rent, etc. paid to the Plaintiff.

(iii) [Grounds for recognition] unsatisfy, entry of Gap 1 to 7, Eul 1 (including paper numbers) and the purport of the whole pleadings;

2. Determination:

A. According to the above facts, since the lease contract of this case was lawfully terminated by the Plaintiff’s declaration of termination on the ground of the Defendant’s failure to pay rent for more than three years, the Defendant should deliver the real estate of this case to the Plaintiff, and pay the Plaintiff the unpaid rent and unjust enrichment equivalent to the unpaid rent.

However, if a lease contract is terminated, the lessor's obligation to return the lease deposit and the lessee's obligation to return the object are related to the simultaneous performance, and the lease deposit guarantees all the lessee's obligations arising from the lease, such as the lease deposit, and the lessee's obligation, such as unjust enrichment, etc. arising from the time when the lease contract is terminated until the time when the object is delivered, shall be deducted from

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