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(영문) 대전지방법원 2017.01.10 2016가단18224

건물명도 등

Text

1. The Defendant (Counterclaim Plaintiff) pays KRW 700,000 to the Plaintiff (Counterclaim Defendant).

2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.

Reasons

1. Basic facts

A. On February 9, 2015, the Plaintiff entered into a lease agreement between the Defendant and the Defendant on deposit 5,00,000, KRW 350,000 per month for the instant building, and KRW 24 months from February 28, 2015 for the term of lease (hereinafter “instant lease agreement”).

B. On February 27, 2015, the Defendant paid to the Plaintiff the deposit and the vehicle up to February 28, 2016, and installed a glass door on the instant building and operated the repair store on the instant building.

C. The Plaintiff and the Defendant frequently brought a dispute over the use of the building of this case. Around February 2016, the Plaintiff and the Defendant demanded the Defendant to pay the building of this case and the Plaintiff to pay the director’s expenses and the equipment.

On April 9, 2016, the Plaintiff reported to the police that gasoline and odor were snicked on the instant building on April 9, 2016, and according to the said report, the police visited the instant building.

E. The Defendant went to the instant building on May 2016.

[Reasons for Recognition] Facts without dispute, Gap 2, Gap 4, Eul 1, Eul 4-1 to 3, Eul 8-8, and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff asserted that the instant lease contract was terminated due to the Defendant’s failure to pay the rent from March 1, 2016.

Although the defendant left directors in the building of this case, the work facilities, waste oil, and garbage are left alone in the building of this case, and the defendant damaged the electric facilities, so it is not the delivery of the building of this case.

The Defendant is obligated to deliver the instant building by removing the work facilities, etc. and repairing the electric facilities, and pay the overdue car calculated at the rate of KRW 350,000 per month from March 1, 2016 to the delivery of the instant building.

B. The instant lease agreement between the Plaintiff and the Defendant on the claim for the delivery of the building.