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(영문) 수원지방법원 2018.04.10 2017나12216

건물명도 등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The defendant's assertion that the plaintiff did not pay the rent for the first term (1,100,000 won) in the lease agreement on the real estate listed in the separate sheet with the plaintiff, and the plaintiff cannot seek the delivery of the above real estate against the defendant. Since the defendant paid the lease deposit to the plaintiff, even if there is no loss against the plaintiff even if there is a rent for the part of the payment.

2. Determination

A. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, in addition to making the judgment as to the part alleged in the judgment of the plaintiffs at the court of first instance as follows. Thus, it is accepted by the main sentence of

(However, since "the status of tenant" in the second 12th of the judgment of the court of first instance is a clerical error, it shall be changed to "the status of tenant". (b)

On February 11, 2015, C expressed to the Defendant that the instant lease contract was terminated on the grounds that the period from May 4, 2015 to May 18, 2017, and that the lease deposit was KRW 10,000,00, and KRW 1,100,000 (including value-added tax). The Plaintiff purchased the said real estate from C on March 17, 2016 and succeeded to the status of the lessor. The Defendant delayed payment of the rent until January 17, 2017, and the Plaintiff expressed to the Defendant on February 17, 2017 that the lease contract was terminated on the grounds that the rent was terminated on the grounds that the rent was terminated on the grounds that the rent was terminated on the grounds that it was terminated on the grounds that the rent was terminated on the grounds that it was terminated on 2017, 2017, as seen earlier.