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(영문) 창원지방법원마산지원 2016.04.22 2015가단105837

건물명도

Text

1. The defendant has the following points among the real estate listed in the attached Form 1, as indicated in the attached Form 1: (1), (2), (3), (4), (5), and (1).

Reasons

Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1 through 4, the defendant entered into a lease agreement with the plaintiff on April 16, 2015 regarding the room stated in paragraph (1) of this Article, which covers the deposit amount of KRW 4,35,00, monthly rent of KRW 140,570, and the lease period of KRW 30,00, and the lease period of KRW 140,570 on June 30, 2017, and did not pay rent continuously from around that time to August 2015, and the plaintiff notified the defendant of the termination of the lease agreement on the grounds that the rent was overdue for at least three months from November 2015.

Thus, the lease contract between the plaintiff and the defendant is lawfully terminated at the time when the plaintiff's notice of termination on the ground of delinquency in rent reaches the defendant. Thus, the defendant is obligated to deliver the above room to the plaintiff.

In this regard, the defendant asserts that the overdue rent should be deducted from the deposit, but even if there is a security deposit, the tenant cannot arbitrarily deduct the monthly rent from the security deposit and cannot avoid liability for delay of performance. Therefore, the above argument by the defendant is without merit.

The plaintiff's claim is accepted.