건물인도
1. The judgment of the court of first instance is modified as follows.
The defendant is paid KRW 150 million from the plaintiff.
1. Basic facts
A. On March 23, 2016, the Plaintiff leased (hereinafter referred to as “the instant lease”) a lease deposit of KRW 150 million with the term from April 6, 2016 to April 5, 2018, the Plaintiff received KRW 150 million from the Defendant, and then handed over the instant real estate to the Defendant.
B. On January 2, 2017 and February 14, 2017, the Plaintiff notified the Defendant that the instant lease agreement was terminated, and that the instant real estate was transferred, on the grounds that the instant real estate was subject to an objection, such as the storage of recycled goods or wastes, and malodor was bad from other lessees.
C. On June 20, 2018, the Plaintiff paid the remainder of KRW 131,274,100 after deducting KRW 15,00,00 from the lease deposit to the Defendant, the amount of deposit: KRW 131,724,100, and the cause of deposit: The Defendant refused to receive the deposit by paying the remainder of KRW 131,274,100,00 from the lease deposit, which was the sum of KRW 18,275,90,00 from the Defendant’s lease deposit, which was destroyed during the lease period.
After that, on December 21, 2018, the Plaintiff deposited the remainder of KRW 18,275,90 with the Busan District Court Branch of the Dong Branch of the Busan District Court in 2018 as the fact that it offered the actual payment to the recipient, but refused to accept the payment.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 7, 8, and 11, the purport of the whole pleadings
2. The assertion and judgment
A. The defendant, who is the tenant of the plaintiff's assertion and judgment 1, is obligated to use and benefit from the real estate of this case as stipulated by its nature.