건물인도등
1. The judgment of the first instance against the defendant, including the claims modified by this court, shall be modified as follows:
1. Facts of recognition;
A. On May 20, 2014, the Plaintiff entered into a lease agreement with the Defendant on the instant real estate listed in the separate sheet (hereinafter “instant real estate”) with the terms that the Plaintiff leased the instant real estate owned by the Plaintiff to the Defendant with the lease deposit amounting to KRW 2,00,000, monthly rent of KRW 500,000, and KRW 24 months during the lease period (hereinafter “instant lease agreement”). The instant lease agreement continued to have been renewed.
B. From June 2018, the Defendant did not pay rent. Accordingly, the Plaintiff sent to the Defendant a certificate of content that the instant lease contract is terminated on the grounds of at least two years of rent delay, etc. around December 6, 2018. Around that time, the said certificate of content reached the Defendant, and the instant lease contract was lawfully terminated.
C. Even after the termination of the instant lease contract, the Defendant continues to reside in the instant real estate.
On November 30, 2019, the instant real estate was handed over to the Plaintiff.
2. Determination
A. In full view of the purport of the argument as to the cause of the claim, the Defendant did not dispute the Plaintiff’s rent of KRW 8,700,000 in total for 18 months from June 2018 to November 30, 2019 ( KRW 9,000 in total ( KRW 18 months x 500,00 in monthly rent) - The Defendant did not pay to the Plaintiff the amount equivalent to the monthly rent of KRW 300,00 in total for the instant real estate after the termination of the instant lease agreement (the monthly rent of KRW 500,000 in total), which was sought by the Plaintiff. The Defendant did not pay to the Plaintiff the amount equivalent to KRW 8,70 in total for 18 months from June 30, 200, deducting the lease deposit of the instant lease deposit of KRW 200,000 in total from KRW 8,700 in total,00 in total,00 in total.
B. As to the Defendant’s assertion, the Defendant suffered from various cracks, such as the breakdown of boiler, bathing room floor, marina floor, outer wall, etc. on the instant real estate, and rainwater leakage.