건물인도등
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. Basic facts
A. On September 3, 2016, the Plaintiff leased the instant housing of 114.36 square meters (hereinafter “instant housing”) among the instant building to the Defendant by setting the lease deposit of KRW 5,000,000, monthly rent of KRW 350,000, and the lease term from September 3, 2016 to September 2, 2018.
(hereinafter “instant lease agreement”). (b)
By November 2016, the Defendant paid 650,000 won to the Plaintiff as monthly rent, and thereafter, did not pay that monthly rent.
C. On January 11, 2017, the Defendant sent to the Plaintiff a content-certified mail to the effect that the instant lease contract is terminated due to the rent delay, and around that time, the content-certified mail sent to the Defendant.
The defendant is residing in the house of this case until now.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 2 and 3 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the instant lease agreement is deemed to have been lawfully terminated on or around January 11, 2017 by the Plaintiff’s declaration of termination on the ground of the Defendant’s delay of rent, etc. and thus, the Defendant is obligated to deliver the instant house to the Plaintiff as its restitution. As the Plaintiff seeks, the unpaid rent calculated at the rate of KRW 350,000 per month from November 29, 2016 to January 11, 2017 and the rent equivalent to the rent calculated at the rate of KRW 350,000 per month from the following day to the completion date of delivery of the instant house.
3. Judgment on the defendant's assertion
A. The Defendant asserts to the effect that the Plaintiff could not respond to the Plaintiff’s claim for rent on the premise that the Plaintiff performed his/her duty of repair as lessor because the Plaintiff did not repair the boiler, singke, and floor of the instant building.
However, the Plaintiff’s repair of the boiler of the instant house is a dispute between the parties.