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(영문) 대전지방법원공주지원 2019.02.21 2018가단22014
건물명도(인도)
Text

1. From February 1, 2019 to the completion date of delivery of buildings listed in the separate sheet from KRW 4,100,000 from the Plaintiffs.

Reasons

1. According to the overall purport of evidence Nos. 1 and 2, as to the cause of the claim, the Defendant entered into a lease agreement with D as to the building listed in the separate sheet (hereinafter “instant building”) owned by D on November 30, 2015, setting the lease deposit of KRW 25 million, monthly rent of KRW 950,000 (excluding value-added tax), and the term from November 30, 2015 to November 30, 2018 (hereinafter “instant lease agreement”). At that time, the Plaintiff was handed over the instant building from D, the Plaintiffs purchased the instant building from D on May 4, 2017, and completed the registration of ownership transfer on May 26, 2017, the Defendant was found to have not paid the following possession of the instant building to the Plaintiffs, and the fact that the instant lease agreement was completely terminated by the Defendant as of November 30, 2018.

According to the above facts, it is reasonable to deem that the Plaintiff succeeded to the status of the lessor of the instant lease contract. As long as the instant lease contract is terminated, the Defendant, the lessee, is obligated to deliver the instant building to the Plaintiff as the lessor.

2. Judgment on the defendant's defense, etc.

A. The defendant shall have a defense of simultaneous performance that the building of this case cannot be transferred to the plaintiff until the security deposit for lease is paid.

The duty to return the leased object, which occurred upon the termination of the lease contract, and the remainder of the lease deposit, which remains after deducting the lessee’s overdue rent, etc. from the leased object due to the termination of the lease contract, is a simultaneous performance relationship. As to the amount of the Defendant’s overdue rent, etc. to be deducted from the lease deposit

As seen earlier, the Defendant did not pay to the Plaintiff the rent of the instant building at all. As such, the Defendant’s overdue rent and unjust enrichment are the amount equivalent to KRW 20,90,000 = the sum from June 1, 2017 to January 31, 2019, as sought by the Plaintiff.

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