토지인도
1. The judgment of the court of first instance is modified as follows.
The defendant shall not be 275 square meters for the plaintiff, 1 Changwon-si, Masan-si.
1. The reasoning of this court’s judgment citing the judgment of the court of first instance is identical to the reasoning of the judgment of the court of first instance, except for the following parts, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420
2. Article 4-3 (b) of the first instance judgment on the part which was written after the dismissal.
The judgment of the part of the port shall be made as follows:
As to “B.” From July 30, 2016 to August 30, 2017, the Defendant defense to the effect that the Plaintiff was unable to completely use the instant vinyl by blocking the supply of electricity to the instant vinyl, and thus, the Plaintiff cannot pay rent or unjust enrichment equivalent to the rent during the said period. Since, in a lease agreement, the lessor’s duty to allow the use of and benefit from the subject matter and the lessee’s duty to pay rent are in a mutually corresponding relationship, if the lessee is unable to fully use the subject matter due to failure to perform his/her duty to allow the use of and benefit from the subject matter, the lessee may refuse to pay the rent in full (see, e.g., Supreme Court Decision 2009Da41069, Sept. 24, 2017). Thus, in cases where the use of and benefit from the subject matter was entirely hindered, the lessee may refuse to use the leased plastic greenhouse within the extent of interference (see, e.g., Supreme Court Decision 2006Da16374, Jun. 26, 2016).