건물인도 등
1. The defendant shall be the plaintiff.
A. At the same time, the Plaintiff received KRW 1,600,000 from the first floor of the real estate stated in [attached Form].
1. On May 17, 2017, the Plaintiff and the Defendant concluded a lease contract on the instant commercial building (hereinafter “instant contract”) with the Defendant (hereinafter “instant contract”) and set a deposit of KRW 10,000,000, monthly rent of KRW 600,000, and the period from the delivery date to June 1, 2019 (24 months).
In the contract, if the contract is terminated, the defendant shall restore the commercial building of this case to its original state and deliver it.The purpose of the contract is to print the commercial building of this case in the same vice language, to be a special contract, to be a lease contract for part of the first floor commercial building, and to be a floor, tent, etc. to be installed by the plaintiff.
'The letter is written.'
The Plaintiff brought an amount equivalent to KRW 3,00,000 into the floor sclock construction, and the astronomical tex construction and partitions construction, and the Defendant installed urban gas pipeline facilities in the instant commercial building.
The Defendant occupied the instant commercial building without paying rent to the Plaintiff from April 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 4, the purport of whole pleadings
2. Determination
A. (1) According to the recognition as above, the contract of this case ends on June 1, 2019, and the defendant must remove and deliver the instant commercial building to the plaintiff.
However, the Defendant’s duty to deliver commercial buildings is related to the Plaintiff’s obligation to return deposit simultaneously with the Plaintiff’s obligation to return the deposit, and since the Defendant did not pay the Plaintiff the deposit to the Plaintiff from April 2018, the Plaintiff’s deposit to May 2019 should be deemed to have left KRW 1,60,000 after deducting the rent of KRW 8,40,000 from April 2018 to May 2019.
(2) As to this, the Defendant alleged that the instant contract was terminated on or around August 2018 due to the tent of the instant commercial building, and that there was no obligation to pay rent from September 2018, and accordingly, it is based on the evidence Nos. 5-1, 5-1, 6-1 through 7.