건물명도(인도)
1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. On July 15, 2016, the Plaintiffs entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 160 million and the lease term as from October 18, 2016 to October 27, 2018, wherein the lease deposit was set at KRW 160,000,000,000 and the Defendant was leased (hereinafter “instant lease agreement”).
B. On September 6, 2018, the Defendant notified the Plaintiffs of the absence of intent to extend the instant lease agreement by content-certified mail, and the said content-certified mail was served on the Plaintiffs around that time.
C. On August 11, 2017, the Defendant entered into a guarantee contract for the return of deposit for lease on a deposit basis with the Korea Housing and Urban Guarantee Corporation. On October 29, 2018, the Defendant filed an application for the order of lease registration of the instant house with the Korea Housing and Urban Guarantee Corporation, and on October 30, 2018, the same court rendered a decision citing the Defendant’s application.
The Defendant removed from the instant house on December 14, 2018, and received KRW 160 million from the Korea Housing and Urban Guarantee Corporation.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 4 and 5, and the purport of the whole pleadings
2. The Defendant’s assertion 1) is obligated to pay the Plaintiffs damages amounting to KRW 3,936,849, which is KRW 3,936,849, and damages for delay thereof. 2) After the termination of the lease agreement period, the Plaintiffs confirmed that the instant housing was delivered, which led to defects such as singing, water and fung in the instant housing, and this was due to the Defendant’s negligence and inappropriate method of use. Thus, the Defendant is obligated to pay the Plaintiff the sum of KRW 2,30,000,000 (= KRW 950,000,000,000,000,000) for the repair cost of the instant housing (= KRW 7,000,00,000,000,000,000).
3 As of March 11, 2019, the Plaintiffs bear damages for delay of KRW 1,906,849 to the Housing and Urban Guarantee Corporation.