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(영문) 대구지방법원 2018.10.25 2017가단133960

건물명도(인도)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 18, 2006, the Plaintiff leased the first floor of a building for neighborhood living facilities located in Busan Metropolitan City (hereinafter “instant building”) to the Defendant.

(hereinafter “Lease of this case”). (b)

On December 11, 2011, the Plaintiff entered into a contract with the Defendant to re-Lease the instant building with the lease deposit of KRW 10 million, monthly rent of KRW 800,000,000 until December 31, 2016.

However, the defendant paid 5.8 million won out of the lease deposit.

(A) The Plaintiff asserted that only KRW 5 million was paid, but even based on the “current Status of D Monthlyse” submitted with Gap evidence No. 6, the Plaintiff voluntarily deducted the Defendant’s unpaid rent from the deposit for lease amount of KRW 5.8 million.

The Defendant, while operating a restaurant “D” in the instant building, reported the suspension of business on March 29, 2016 in the Gyeongsan Tax Office, and took the same day’s address from the Gyeongsan-si to the Gyeongbuk-gun E.

On April 1, 2016, the Plaintiff sent a content-certified mail to the Defendant, “The contract is terminated because the Defendant did not pay rent more than three times during the term of lease.”

On April 6, 2016, the mail was delivered to the husband of the defendant.

E. On March 25, 2018, the Defendant handed over the instant building to the Plaintiff by transferring the key to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 2, 5, 6, Eul evidence 1 to 3, fact inquiry results against the head of the Gyeongyangyang post office in this court, and the purport of the whole pleadings

2. Determination:

A. (1) The fact that the Defendant’s judgment on the cause of the claim did not pay the rent from December 2015 is without dispute between the parties.

The Defendant is obligated to pay to the Plaintiff the unpaid rent of KRW 3.6 million until April 6, 2016 when the lease of this case was terminated (==1.6 million won in total from December 2, 2015 to March 2016: KRW 1.6 million in April 2016 (80,000 x 6 days/30 days).

(2) The judgment on the defense is to set off with the Plaintiff’s claim to return the lease deposit.