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(영문) 광주지방법원 2016.06.28 2015가단30003

건물명도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

B. From 200,000 won and May 28, 2016

Reasons

1. Basic facts

A. On June 28, 2014, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff (hereinafter “instant building”) on a lease deposit amounting to KRW 40 million, term of lease from June 28, 2014 to KRW 24 months, and monthly rent of KRW 2 million (hereinafter “instant lease agreement”).

B. On June 28, 2014, the Defendant paid the Plaintiff KRW 30 million out of the deposit for lease, and operated the telecom with the “C” at the place of delivery of the instant building.

C. At the time of the instant lease agreement, the Defendant agreed to pay the Plaintiff the remainder of KRW 10 million of the lease deposit by June 30, 2014. However, the Defendant did not pay the remainder of the lease deposit and the rent at all without paying the remainder of the lease deposit and the rent on November 20, 2014.

[Ground of recognition] Unsatisfy, Gap evidence No. 3-1, the purport of the whole pleadings

2. The assertion and judgment

A. 1) As to the Plaintiff’s assertion that the instant lease contract was terminated on the ground that the Plaintiff was partially unpaid the lease deposit and delayed payment of rent, the Defendant refused the Defendant’s demand for repair on water leakage, boiler failure, worn-out electric power distribution, etc. during the course of operating the instant Moel, and did not pay the agreed expenses. The Defendant asserts that there is no ground for termination of the instant lease contract, since the Plaintiff refused to perform the obligation to pay part of the lease deposit and rent until performing the repair obligation on the instant building. 2) In determining the lease, the lessor’s obligation to allow the Plaintiff to use and benefit from the object and the lessee’s obligation to pay the rent is mutually corresponding to the leased object.