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(영문) 서울중앙지방법원 2020.08.20 2019가단5143639

건물명도(인도)

Text

1. The Defendant (Counterclaim Plaintiff) is from KRW 770,00 to KRW 770,00 from the Plaintiff (Counterclaim Defendant)’s real estate indicated in the separate sheet from August 1, 2019.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. On July 24, 2013, the Plaintiff (Counterclaim Defendant; hereinafter referred to as “Plaintiff”) entered into a lease contract with the Defendant (Counterclaim Plaintiff; hereinafter referred to as “Defendant”) (hereinafter referred to as “Defendant”) by setting the lease deposit amount of KRW 5,00,00 (Additional Tax), KRW 450,00 per month for rent, and KRW 20,00 per month for rent, management expenses, and period of lease from August 1, 2013 to July 31, 2014 (hereinafter referred to as “instant lease contract”). After receiving the deposit money, the instant lease portion was delivered to the Defendant (hereinafter referred to as “instant lease contract”).

B. The Plaintiff and the Defendant have renewed the instant lease agreement after the expiration of the instant lease agreement, and the Defendant possessed the leased portion by not later than the date of closing the argument in the instant case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The parties' assertion

A. Since the Defendant delayed the payment of the Plaintiff’s three or more occasions, the Plaintiff notified the termination of the instant lease agreement by serving a duplicate of the complaint of this case on the grounds of this.

Since the lease contract of this case was terminated by the plaintiff's lawful termination notice, the defendant is obligated to receive the money from the plaintiff and deliver the leased part of this case to the plaintiff at the same time, at the same time, after deducting 4050,000 won in arrears and 180,000 won in arrears from the 770,000 won, which is the date of delivery of the copy of the complaint of this case, until July 1, 2019, deducting 40,000 won in arrears and 1.80,000 won in arrears management expenses from August 1, 2019 to the date of delivery of the leased part of this case.

B. The Defendant failed to perform the repair obligation by the Plaintiff, which was the lessor, even if the Plaintiff had serious leakages on the leased portion from June 2015 to May 2018.