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(영문) 대구지방법원 김천지원 2017.01.12 2016가단32342

건물명도

Text

1. The defendant

A. The first floor reinforced concrete general restaurant, 104.76 square meters, two floors, and 2.

Reasons

1. Indication of claim;

A. On June 2015, the Plaintiff leased the part of the building indicated in the order to the Defendant as the deposit amount of KRW 5 million, KRW 500,000 per month, and the period from June 30, 2015 to 12 months.

The defendant did not pay the rent from August 1, 2015, and the period expired on June 30, 2016.

Therefore, the delivery of the said building and the payment of the money calculated by the rate of 500,000 won per month from June 1, 2016 to the date of the completion of the delivery is sought from June 1, 2016 to June 1, 2016.

B. The dismissal portion: the Plaintiff asserts that the Plaintiff was in arrears after August 1, 2015, and even after the remainder of the period in arrears, the Plaintiff continued to possess “illegally” the above part of the building (the possession of the Defendant is not recognized as illegal as it is based on the right to simultaneous performance defense, as long as the deposit remains even if part of the deposit remains) even after the remainder of the period in arrears was appropriated as the deposit money. The time when the sum of the overdue rent from August 1, 2015 exceeds five million won is the same as the deposit from May 30, 2016. Thus, the portion of the claim for overdue rent from May 1, 2016 to May 30, 2016 is dismissed.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).