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(영문) 서울동부지방법원 2015.08.28 2014가단47000
건물명도
Text

1. The Defendant’s real estate from 100,000,000 won to 1,800,000 won from the Plaintiff and the real estate listed in the separate sheet from May 14, 2014.

Reasons

Facts of recognition

Comprehensively taking account of the respective descriptions and the overall purport of the arguments in Gap 1, 2, 3, 4-1, and 4-2, both the plaintiff and the plaintiff's wife B (hereinafter collectively referred to as "the plaintiff, etc.") are "101 stores listed in the separate sheet on May 30, 2013."

(1) A lease agreement is concluded between the Plaintiff, etc. and the Defendant on January 16, 2014, and the Plaintiff, etc. entered into a lease agreement with the term of 101, 100,000 won for lease deposit, 600,000 won for monthly rent (in addition to value-added tax, 14th day of each month), and 101 on January 14, 2016. However, the Defendant did not pay value-added tax on monthly rent for February 1, 2014 x 1.80,000 won for monthly rent for March 14, 2014 x 3 months x 603 months x 200,000 won for termination of the lease agreement.

According to the facts of the above recognition as to the cause of the claim, since the above lease contract was lawfully terminated upon the termination of the contract by the plaintiff, etc. due to the delay in the rent of the defendant, the defendant is obligated to deliver 101 upon the request of the joint lessor and co-owner.

Meanwhile, the Plaintiff is the person who received the lease deposit of KRW 100 million from the Defendant, and the lessor’s duty to return the lease deposit and the lessee’s duty to return the leased object are in a simultaneous performance relationship, except in extenuating circumstances.

However, the security deposit received in the lease of real estate guarantees all the obligations of the lessee due to the lease, such as rent and damage liability due to the loss, damage, etc. of the object, and the amount equivalent to the secured obligation is separate when the object is returned after the termination of the lease relationship, unless there are special circumstances.

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