(영문) 창원지방법원마산지원 2020.07.09 2019가단107749

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 창원지방법원마산지원 2020.07.09 2019가단107749

건물인도

Text

1. The defendant shall be the plaintiff.

(a) Of the 1st floor of the building listed in the separate sheet, the indication of drawings in the annexed sheet 1, 2, 3, 4, 5, 6, 7, 8, and 1.

Reasons

1. Facts of recognition;

A. On October 2018, the Plaintiff leased to the Defendant the part (a) of the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, and 1 (hereinafter “instant building”) of the first floor of the building located in the Haan-gun, Haan-gun, Chungcheongnam-gun, the lease deposit amount of KRW 5 million, KRW 450,000 (payment in advance on October 1, 201), and the period from October 1, 2018 to October 1, 2021.

(hereinafter “instant lease agreement”). B.

The Defendant paid only the rent to the Plaintiff in November 2018, December 2018, and March 2019, and did not pay the rent from January 2019 and April 201.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, since the Plaintiff expressed its intent to terminate the instant lease agreement on the grounds of the delinquency of rent for at least two years in the instant complaint, it is evident that the date when the copy of the instant complaint was served to the Defendant is the date of delivery of the Defendant. The instant lease agreement was legally terminated on November 29, 2019.

Therefore, the Defendant is obligated to pay 450,000 won per month, an amount equivalent to the rent, from November 1, 2019 to the completion date of delivery of the building of this case, seeking to deliver the building of this case to the Plaintiff and deduct the Plaintiff from the deposit money (the Plaintiff deducts the amount of KRW 405,000,000,000,000,000 from the warden to October 2019).

B. As to the judgment of the defendant's assertion, the defendant asserted that the defendant could not use or benefit from the leased object due to the defect in the building of this case, but there is no evidence to acknowledge it, and the defendant's above assertion is not accepted.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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