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(영문) 수원지방법원 2019.06.13 2018가단510808

건물명도(인도)

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1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On July 11, 2017, the Defendant: (a) determined the lease deposit amount of KRW 25 million from July 25, 2017 to July 24, 2019; (b) the lease deposit amount of KRW 25 million from July 25, 2017 to July 24, 2019; and (c) stipulated a special agreement that the lessor may immediately terminate the instant lease contract in cases where the Plaintiff and the lessee have failed to pay rent three times or more.

B. On July 25, 2017, the Defendant paid KRW 20 million among the lease deposit to the Plaintiff, and began to operate a cafeteria at the place of the instant store. From August 25, 2017, the Defendant delayed the payment of rent from August 25, 2017, and paid KRW 2.2 million on October 12, 2017 and KRW 2.42 million on January 8, 2018, respectively, and did not pay the rent thereafter.

C. Meanwhile, the Plaintiff paid on behalf of the Defendant totaling KRW 1,39,870 on December 2, 2017 and January 2018, which occurred in relation to the instant store that the Defendant is obligated to bear, and KRW 320,170 on behalf of the Defendant.

The Defendant asserted that the instant store did not resolve any defects arising from water leakage and partnership on the wall of the toilet and the wall even if they were defective, and that the business was discontinued around January 2018, while the Defendant’s interior and ventilation facilities installed were left without being kept as they were.

E. The Plaintiff expressed his/her intent to terminate the instant lease agreement to the Defendant through the service of a duplicate of the instant complaint on the grounds that the Defendant was in arrears with three or more occasions, and the duplicate of the instant complaint was served on May 2, 2018.

[Reasons for Recognition] Evidence Nos. 1 through 5, Evidence No. 1, and the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff is the Plaintiff.