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(영문) 인천지방법원 2019.04.23 2018가단224452
건물명도(인도)
Text

1. The defendant shall receive KRW 243,195,217 from the plaintiff, and at the same time, shall be the real estate stated in the attached Form to the plaintiff.

Reasons

1. Basic facts

A. On May 3, 2016, the Plaintiff leased the real estate in attached Form (hereinafter “instant real estate”) to the Defendant, with a deposit of KRW 260 million, and the period from July 14, 2016 to July 13, 2018.

(hereinafter “Lease of this case”) b.

On August 2, 2017, the Defendant’s wife, without divinging an intermediate valve for cleaning the inner balcony, caused an accident involving inundationing indoors connected with the middle valves between the outing valves.

C. In the above accident, damage was inflicted on the hot-projected floor (total), chlouds, door trussess, and even (six strings), the erode and the strings of the lower part of each room, the strings of the exhaustr, the panty, cooling, and cooling, and the erode of the wall of this case, and the subsidence and strings of the balcony wall of this case, and the storming and painting of the balcony wall of this case.

As of August 1, 2018 (Appraisal Day) the cost necessary for remuneration is 16,804,783 won (including value-added tax).

The instant complaint containing the purport that the Plaintiff did not intend to renew the instant lease agreement was served on May 18, 2018 on the Defendant.

[Grounds for Recognition: Facts without dispute; entries in Gap evidence 1 through 4; fact-finding reply to C Co., Ltd.; the result of the court's entrustment of appraisal to appraiser D; the fact-finding results of appraiser D; the purport of the whole pleadings]

2. According to the above facts of determination as to the cause of the claim, since the lease of this case was terminated at the expiration of the term, the defendant is obligated to deliver the real estate of this case subject to the lease to the plaintiff at the same time with the payment of KRW 243,195,217 (=260,000 - 16,804,783) remaining after deducting KRW 16,804,783 from the amount of the lease deposit for the damage caused by the damage of the leased object from the plaintiff.

The defendant shall set the amount of damages in consideration of the fact that force majeure factors caused by product defects in the valves distribution system have been affected, and if the remuneration is paid at a higher time, the cost may be reduced.

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