(영문) 부산지방법원동부지원 2020.05.14 2019가단226182

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(영문) 부산지방법원동부지원 2020.05.14 2019가단226182

건물명도(인도)

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1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The Defendant from January 20, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 20, 2017, the Plaintiff: (a) leased real estate listed in the [Attachment List (hereinafter “instant building”) with a lease deposit of KRW 10 million; (b) monthly rent of KRW 1.2 million; and (c) from February 20, 2017 to February 19, 2018; and (d) agreed that the instant lease agreement may be terminated in cases where the overdue rent falls short of three (3) rent (hereinafter “instant lease”); and (e) thereafter, the instant lease agreement has been explicitly renewed.

B. The Defendant paid only the monthly rent up to December 2018, and does not pay the monthly rent thereafter.

C. Accordingly, the Plaintiff terminated the instant lease agreement, and sent a certificate and peremptory notice to deliver the instant building to the Defendant. On October 30, 2019, the Plaintiff filed the instant lawsuit.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Determination

A. Since the Defendant did not pay the judgment on the cause of the claim at least three occasions, and the Plaintiff expressed his/her intent to terminate the contract of this case on the same ground, and that the declaration of intent reached the Defendant through the instant complaint, etc. does not conflict between the parties, the Defendant is obligated to deliver the building of this case to the Plaintiff, and to pay the Plaintiff the rent or unjust enrichment at the rate of KRW 1.2 million per month from January 20, 2019 to the date of full payment.

B. The Defendant’s assertion (1) asserts that the Defendant’s claim for the deduction of security deposit is the close rent from the security deposit. As such, in the lease contract, the security deposit guarantees all the lessee’s obligations, such as unjust enrichment, etc. equivalent to the rent arising from the lease after the termination of the lease contract, until the object is delivered to the lessor. The amount equivalent to the security deposit, as a matter of course, shall be from the security deposit without a separate declaration of intention, unless there are special circumstances, when the object is returned after the termination

유사 판례

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