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(영문) 수원지방법원 2015.11.12 2014가단17820

건물명도

Text

1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and each month from May 23, 2014 to the above delivery.

Reasons

On July 27, 2013, the Plaintiff leased the lease deposit of KRW 10 million, the lease deposit of KRW 27,000,000,000 to the Defendant as of July 26, 2015 (hereinafter “the lease of this case”).

The defendant did not pay the rent that is payable on December 27, 2013 and January 27, 2014.

The copy of the Plaintiff’s complaint seeking the delivery of the leased object of this case was served on May 22, 2014 to the Defendant.

This does not dispute the defendant or is significant in the court.

According to the above facts, since the lease of this case was terminated or terminated due to the termination of the lease term due to not less than two years of delay in payment of rent, or the rejection of the contract renewal by the plaintiff, the defendant is obligated to deliver the real estate of this case to the plaintiff and pay the rent at the rate of 400,000 won per month from May 23, 2014 to the delivery of the plaintiff, or the unjust enrichment equivalent thereto to the plaintiff.

The Defendant asserts to the effect that the instant real estate did not have any heating through the arche, which was installed in the Yellow Sea, and that the repair of the damaged showers, scams, scams, etc. was not done from time to time, and that there was considerable damage due to sclibing, and therefore, the Defendant did not have any obligation to pay rent.

The following circumstances revealed by the purport of the entire pleadings, including Gap, nine, and ten, and the real estate of this case are the structure where the entire heating was made by the oil boiler and the yellow soil bank is capable of heating in the arche of 1.5 square meters out of the total size of 27 square meters, and it is difficult to view that there was an obstacle to the use of the arche because it is not a heating system through the arche, and the shower flase and singke are all repaired. In light of the surrounding situation of the real estate of this case, it is difficult to view that there is inconvenience in the use of the pite due to the sing of rats, even if there is inconvenience in the use of the pite due to the collapse of the singe, to the extent of refusing or getting the payment of the entire rent.

The defendant.