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(영문) 서울북부지방법원 2020.01.07 2019가단113823

건물명도(인도)

Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. On August 23, 2017, the Plaintiff leased the building indicated in the attached list (hereinafter “instant building”) to the Defendant as the lease deposit KRW 5,00,000,000, monthly rent KRW 600,000, and the lease term from August 28, 2017 to August 28, 2019.

(hereinafter “instant lease agreement”). B.

From June 2018, the Defendant began to delay the payment of rent, and on November 28, 2018, the overdue rent amounted to KRW 1,800,000.

C. On December 3, 2018, the Plaintiff sent to the Defendant a content-certified mail indicating his intent to terminate the instant lease agreement on the grounds of the Defendant’s delinquency in rent, and the Defendant received the said mail around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 10, the purport of the whole pleadings

2. Assertion and determination

A. According to the above facts of determination as to the cause of the claim, since the lease contract of this case was lawfully terminated on the ground of the defendant's delay of rent, the defendant is obligated to deliver the building of this case to the plaintiff.

B. The defendant's assertion argues that the defendant did not have an obligation to pay rent to the plaintiff since it was impossible to use or make profits from the purpose of the lease agreement because defects such as melting green water from the water supply of the building of this case exist.

However, there is no evidence to acknowledge the Defendant’s assertion, and rather, according to the evidence Nos. 4 through 7, the Plaintiff is deemed to have fulfilled the obligation to allow the Defendant to use and benefit from the building of this case.

The defendant's argument is without merit.

3. In conclusion, the plaintiff's claim is justified, and it is so decided as per Disposition.