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(영문) 창원지방법원통영지원 2016.04.05 2015가단8925
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) Indication (1), (2), (3), (4), (5), and (1) of the accompanying drawings of the second floor among the real estate listed in the attached list;

Reasons

Basic Facts

On December 6, 2013, the Plaintiff entered into the instant lease agreement with the Defendant 1. A.

The real estate stated in paragraph (1) (hereinafter “instant housing”) was leased with a deposit of KRW 30 million, monthly rent of KRW 300,000,000 from December 6, 2013 to December 5, 2015, and the instant housing was transferred on December 6, 2013.

Since the Defendant’s termination of the instant lease agreement paid KRW 600,000 for two months until February 5, 2014, the monthly rent has not been paid until now.

On June 1, 2015, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the grounds of the delinquency in rent for at least two years, and sent a certificate that the instant housing was handed over until November 30, 2015.

[Ground of recognition] The lease contract of this case is terminated on the ground that there is no dispute or no clear dispute, Gap 1, 3, 4, 5 evidence, and the purport of the whole pleadings of this case was terminated on the ground of the defendant's two or more occasions of delinquency in rent. Thus, the defendant is obligated to deliver the house of this case to the plaintiff, and pay the money calculated by the ratio of KRW 300,000 per month corresponding to the rent or unjust enrichment equivalent to the rent of this case from February 6, 2014 to the completion date of delivery of the house of this case.

The defendant's assertion and judgment that the plaintiff did not complete the interior construction of the house of this case on the date on which the plaintiff promised to do so, and returned to the plaintiff without bringing in the body of the people, and that there were many losses that were caused by the defendant married for more than 2 months, the plaintiff asserts that the plaintiff should pay to the defendant the director's expenses of KRW 1.5 million, KRW 750,000,000, KRW 30,000,000, KRW 900,000,000 for cleaning expenses of KRW 30,000,000, KRW 6 months, labor expenses of KRW 9,000,000, and KRW 900,000.

However, the defendant's assertion cannot be a valid defense that could prevent the claim, such as the delivery and rent of the instant housing, based on the termination of the instant lease agreement.

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