건물명도
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff leased the real estate indicated in the attached Form (hereinafter referred to as "the real estate in this case") to the defendant, and the defendant did not pay a rent for more than three months, which is the termination requirement stipulated in the lease contract, and thus the above lease contract is terminated. Thus, the defendant asserts that the defendant shall deliver the above real estate to the plaintiff, and shall pay the overdue rent and the rent party's unjust enrichment
(1) The Plaintiff did not specify the initial date of the damages for delay but did not affect the conclusion that the Plaintiff’s claim is dismissed as follows. Accordingly, the Defendant asserts that the termination of the Plaintiff’s lease agreement is unlawful, on the ground that the Plaintiff’s failure to perform the repair obligation under the lease agreement does not fall under the case where the Plaintiff refused to pay the rent because it was impossible to use and make profits from the above real estate according to its purpose.
A lessor is bound to repair the leased object in order to maintain the condition necessary for the use of and taking profits from the leased object, and if the lessor neglects this obligation and the lessee is unable to achieve the leased object due to his/her failure, the lessee may refuse to pay the rent for such period.
According to the results of verification and the overall purport of the pleadings as to the statements and images of Eul evidence Nos. 1 through 4, and video of defective objects (Evidence No. 5), it is recognized that there was water leakage in the ceiling of the real estate of this case and water from the entrance of the entrance, and water from the entrance to the entrance, and ice was generated. In accordance with the rule of experience, it is sufficiently confirmed that the lessee is unable to use and take profits from the leased object, and according to the whole purport of each of the above evidence and arguments, the defendant requested repair to the plaintiff on the ground of the above defects, but the plaintiff did not perform it.