(영문) 대구지방법원포항지원 2019.04.04 2018가단5896

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(영문) 대구지방법원포항지원 2019.04.04 2018가단5896

건물인도등

Text

1. The defendant shall be the plaintiff.

(a) deliver a part of the attached sheet among the real estate listed in the attached list;

(b)2.450,000 won;

Reasons

1. In light of the fact that there is no dispute over the cause of the claim, Gap evidence Nos. 1 through 6 (including the provisional number) and the purport of the entire pleadings, the following facts are acknowledged: ① The plaintiff leased and delivered the part of the drawing on the order to the defendant on March 15, 2015; ② The plaintiff extended the lease contract with the defendant on March 15, 2018 (the rent is KRW 400,000) (the rent is KRW 450,000), and the defendant extended the lease contract with the defendant on October 15, 2018) by October 15, 2018: the sum of the rent is KRW 50,000,000 from March and April 2017 to October 16, 2018; and the plaintiff's declaration of default was delivered to the defendant on the ground that the lease contract was terminated by the defendant on the ground that the contract was terminated by 10,010.

Therefore, as the above lease contract was terminated, the Defendant is obligated to deliver to the Plaintiff the part on the text of the leased object, and ② to pay the unpaid rent of KRW 2,450,000,000 to the Plaintiff, and ③ to pay the rent calculated at the rate of KRW 40,000 per month from November 15, 2018 to the delivery date of the text.

(Plaintiff asserted that the initial date of the payment of rent was October 23, 2018, but this part is without merit). 2. The Defendant’s assertion as to the Defendant’s assertion is asserting that there was a strong pressure when it is decided to increase the rent at the time of the extension of the lease contract with the Plaintiff. However, unless there is no evidence to acknowledge it, the above assertion is without merit.

Although it was difficult for the Defendant to pay rent, the Defendant asserted that there was KRW 5 million of the lease deposit. However, the obligation to pay rent under the lease agreement does not have any relation to the existence or amount of the lease deposit. Therefore, the above assertion is without merit.

유사 판례

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-광주지방법원 2016.04.27 2015가단41287