건물명도(인도)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 29, 2017, the Plaintiff leased each of the real estate listed in the real estate list in the attached Form (hereinafter “instant store”) among the five and the first underground floors (hereinafter “instant building”) located in Jinju-si, the Plaintiff owned to the Defendant, as the lease deposit amount of KRW 30,000,000, monthly rent of KRW 1,000,000, and the lease term of KRW 24 months from July 30, 2017 to July 29, 2019.
(hereinafter “instant lease agreement”). B.
The defendant has taken over the store of this case and operates a private teaching institute for fishing big (mmpool) lessons.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination as to the cause of action
A. At the time of the instant lease agreement, the Plaintiff’s assertion was heard that the Defendant would engage in the business of teaching Embbbs from the Defendant, and the issue was that the Plaintiff leased (or sell) another heading room out of the instant building due to noise and vibration from the Defendant’s business, so that noise prevention facilities, etc. may not be impeded. Thus, the Defendant was informed by the Defendant. Nevertheless, it was difficult for the Defendant to start the business without properly installing noise prevention facilities, etc. and make it difficult to exchange horses in the corridor due to music, etc., and the Plaintiff demanded three times to have the Defendant properly equipped with noise prevention facilities, but the Defendant rejected such demand.
The Plaintiff’s service of the duplicate of the instant complaint cancelled the instant lease agreement on the grounds of the Defendant’s nonperformance of obligation. As such, the Defendant must deliver the instant store to the Plaintiff.
B. The degree of noise generated by the Plaintiff in order to cancel the instant lease agreement on the grounds that the Plaintiff was not installed with soundproof facilities of the Defendant and noise generated at the instant store.