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(영문) 대전지방법원 서산지원 2018.04.18 2017가단4883

건물인도 등

Text

1. From 4,300,000 won to 4,300,000 won, the Defendant indicated the attached drawing among the real estate listed in the attached list from December 23, 2017.

Reasons

1. Facts of recognition;

A. On April 23, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the instant leased building by setting the lease deposit of KRW 4.3 million, monthly rent of KRW 700,000,000, and the period from April 23, 2017 to April 22, 2018.

B. The Defendant did not pay a rent under the instant lease agreement, and the Plaintiff terminated the instant lease agreement by serving a copy of the instant complaint on the grounds that the Plaintiff was in arrears for more than two years.

C. On December 26, 2017, the Defendant paid 5.6 million won to the Plaintiff for eight months from April 23, 2017 to December 22, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-2, the purport of the whole pleadings

2. According to the above facts, the lease contract of this case was terminated by the Defendant’s delinquency in paying two or more rents, and since the obligation to return the lease deposit and the obligation to deliver the leased object simultaneously upon the termination of the lease contract, the Defendant is obliged to deliver the leased building of this case to the Plaintiff at the same time with the amount calculated by deducting the amount calculated by the rate of KRW 700,000 per month from December 23, 2017 to the completion of delivery of the leased building of this case from KRW 4.3 million to December 23, 2017.

3. If so, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.