건물명도 청구의 소
1. From 10,300,000 won to 10,000 won to 700,000 per month from November 9, 2018 to the delivery date of the building as indicated in the attached Form.
1. Facts of recognition;
A. On August 22, 2009, the Plaintiff leased the building in the attached Form (hereinafter “instant building”) to the Defendant as KRW 20,000,000, monthly rent of KRW 550,000, and thereafter raised the monthly rent of KRW 700,000.
(hereinafter “Lease of this case”). (b)
The Defendant borrowed KRW 9,00,000 from the Plaintiff on July 24, 2012, and KRW 4,000,000 on November 15, 2012.
C. As of November 2018, the Defendant delayed the rent of KRW 1,400,00 for two months (=700,000 x 2 months). The Plaintiff filed the instant lawsuit on November 29, 2018, and the Defendant did not pay the rent from November 9, 2018, in addition to the rent in arrears.
On the other hand, at around 2:00 on June 8, 2018, the Defendant suffered from an accident that trees, which had been installed above the kitchen kitchen of the instant building, stringed down, and caused the inundation by the shocking of the water purifiers. The Defendant suffered from the inundation of the kitchen, etc. on the wind cutting of the water purifiers.
(hereinafter referred to as “instant accident”). [The grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1 or video (including virtual numbers), the purport of the whole pleadings.
2. Determination
A. According to the above facts of recognition, the lease of this case was lawfully terminated on December 21, 2018, which was served on the Defendant by the Plaintiff’s declaration of termination following the Defendant’s delinquency in rent.
B. Upon the termination of the lease of this case, the obligation of the Defendant to deliver the building of this case and the obligation to pay the deposit should be fulfilled simultaneously as follows:
1) Deposit to be refunded by the Defendant: 20,000,000 won: 70,000 won (no dispute exists) for the amount of damages suffered by the Defendant due to the instant accident that occurred due to the Plaintiff’s nonperformance of the repair obligation; 3) for the borrowed amount to be paid by the Defendant: KRW 9,00,000 (off-off disposition) for the borrowed amount to be paid by the Defendant: KRW 1,40,000 (off-off disposition) for the overdue rent to be paid by the Defendant at the time of the instant lawsuit; 5.