건물인도 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasons for this part of the basic facts are as follows: ① A court added “(However, the Plaintiff paid some management expenses)” to the following: (i) the Plaintiff’s deletion under the second part of the judgment of the first instance; and (ii) the removal under the second part of the judgment of the first instance is the same as the corresponding part of the judgment of the first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. According to the above facts as to the cause of the claim, the Defendant delayed to pay more than two vehicles stipulated in the instant lease agreement, and the fact that the duplicate of the complaint of this case containing the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of more than two following vehicles, was clearly recorded on August 17, 2018, and thus, the instant lease agreement was terminated upon the Plaintiff’s declaration of intent to terminate the said lease agreement.
Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring special circumstances.
(A) According to the evidence No. 2, on July 5, 2017, the Plaintiff’s assertion and defense that the instant lease contract was terminated due to the declaration of termination on July 5, 2017, on the ground that it is acknowledged that the Plaintiff sent to the Defendant a certificate of content containing a declaration of termination of the instant lease contract on the grounds of delinquency in rent, but if the entire purport of the pleadings is added to the statement No. 26, it can be acknowledged that the content certification was not served on the Defendant. Therefore, the Plaintiff’s assertion that the instant lease contract was terminated upon the declaration of termination on July 5, 20
A. On February 2017 and around March 3, 2017, the first Defendant’s summary of the defense against rent exemption agreement (hereinafter “the Plaintiff’s building management failure”) issued an accident where excreta is running in the toilets of the instant real estate and agreed to exempt the Defendant from the Defendant’s obligation to pay rent and to compensate for damages by the method of paying only every month management fees. Accordingly, the Defendant may refuse to pay rent, and the Plaintiff’s failure to pay rent on the ground of rent arrears