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(영문) 인천지방법원 2019.12.18 2018가단250604

건물명도(인도)

Text

1. Of the instant lawsuit, the ratio of KRW 1,200,000 per month from October 31, 2019 to the completion date of delivery of the buildings listed in the separate sheet from October 31, 2019 to October 1,20

Reasons

1. Facts of recognition;

A. On December 28, 2017, the Plaintiff leased (hereinafter “instant lease agreement”) to the Defendant by setting the lease deposit amount of KRW 20,00,000,000, and the lease deposit of KRW 24 months, and the rent of KRW 1,200,000 (payment on January 27, 201).

B. The Defendant paid KRW 20,000,000 to the Plaintiff according to the instant lease agreement, and received the instant apartment from the Plaintiff.

C. On April 2018, public space (P/D room) water pipes (hereinafter “instant water leakage”) between C and D, the upper household of the instant apartment, were discovered. From June 2018, E, a construction contractor of the instant apartment, performed a water leakage construction work, such as the dwelling room, the entrance, the dismantling and building of the main wall, the dismantling and building of the inner bank gate, the replacement of the inner bank gate studio studing room strawing room strawing room strawing room strawing room strawing, the removal and building of the lower bank d heading.

On June 15, 2018, the Defendant confirmed the drinking phenomenon of the inner wall wall, taken a photograph of the inner wall and notified the Plaintiff of the fact.

E. On June 2018, the Plaintiff, the Defendant, the management office, and E visited the instant apartment to verify it, and the construction was necessary to verify and repair water, and the Plaintiff and the Defendant delivered the instant apartment by July 31, 2018, and the Plaintiff agreed to return director fees and the deposit for lease to the Defendant.

F. On July 11, 2018, the Defendant requested the Plaintiff to return KRW 1,00,000 out of the lease deposit to the Plaintiff, and paid KRW 1,00,000,000 to the lessor of the real estate to be directors on the same day upon receiving the payment from the Plaintiff.

In addition, the defendant paid 100,000 won to the business operator F as down payment of the contract of carriage.

G. As the Plaintiff notified the Defendant of the impossibility of paying the director fee, the Defendant’s rent from June 25, 2018 from May 28, 2018.