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(영문) 광주지방법원순천지원 2019.01.30 2018가단78135 (1)
건물명도(인도)
Text

1. The Defendant is a reinforced concrete building of the first floor among the real estate listed in the separate sheet from September 16, 2018 from the Plaintiff’s KRW 4,200,000.

Reasons

On September 15, 2016, the Plaintiff entered into a lease agreement with the Defendant on the first floor reinforced concrete general restaurant (Cdong) 145.04 square meters (hereinafter “instant real estate”) among the real estate listed in the attached Table list with the Defendant, with a deposit of KRW 15 million, up to September 14, 2021, up to September 14, 2021, and up to 9 million monthly rent (hereinafter “instant lease agreement”); the Plaintiff received deposit of KRW 15 million from the Defendant and delivered the instant real estate; the Defendant delivered the instant real estate on September 15, 2017, according to each of the statements in the evidence Nos. 3-1 and 2 of the evidence No. 3 as of September 15, 2016, the Defendant paid the following amounts from September 15, 2016 to September 14, 2017.

The fact that the plaintiff did not pay the rent from the beginning, and that in the event that the plaintiff did not pay the rent in arrears to the defendant during August 2018, the plaintiff expressed his intention to terminate the lease contract of this case to the defendant, or that it is recognized in full view of the whole purport of the arguments as stated in the evidence A Nos. 1 to 4.

Therefore, barring any special circumstance, the Defendant is obligated to receive money calculated by deducting the amount calculated by the percentage of KRW 90,000,000 from September 15, 2017 to September 14, 2018 that the Plaintiff seeks from September 16, 2018 to September 14, 2018, from the balance of the deposit amount of KRW 4.2 million [the amount of KRW 15,00,000 - 10,000 (the amount of KRW 900,000 x the amount of KRW 900,000) from the Plaintiff, as well as to deliver the real estate

As to this, the defendant alleged that he suffered damages due to the defect of the real estate of this case, but there is no particular evidence to acknowledge this, the defendant's assertion is without merit.

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition by admitting it.

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