건물명도등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. In full view of the purport of the entire pleadings in the statement No. 1-2 and No. 1-2 of the judgment as to the Plaintiff’s cause of the claim, the Plaintiff’s stores with “not more than 10m2” on the first floor of the building indicated in the separate sheet owned by the Defendant on November 10, 204.
B. The lease deposit amount of KRW 3,00,000 and KRW 200,000 per month is each set and leased. However, the Defendant did not pay the rent from September 2006, and the Plaintiff notified the Defendant of the termination of the lease on the ground of the delayed payment of rent around November 13, 2007 and March 10, 2008. According to the above recognition, the lease contract for the instant store is deemed to have been lawfully terminated by the Plaintiff’s declaration of termination. Thus, the Defendant is obligated to deliver the instant store to the Plaintiff.
2. On June 2006, the defendant's claim against the defendant's assertion that the goods owned by the defendant were damaged due to rain in the store of this case, and that the plaintiff agreed to pay the damages amounting to KRW 15 million, and there is no obligation to deliver the store of this case before receiving the payment. However, there is no evidence to acknowledge the existence of the above agreement. Rather, according to the evidence No. 5, the defendant did not notify the plaintiff of this fact properly and filed a complaint on the ground that the defendant leased the store of this case without notifying the plaintiff about April 2008 and caused damage to various collections, such as clothing, etc. stored inside the store of this case, but the defendant's argument is not accepted since it is only acknowledged that the defendant's complaint was concluded for the reason that there was damage caused by water and other collections, such as clothing, etc. stored inside the store of this case.
3. The conclusion is that the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just.