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(영문) 대구지방법원서부지원 2020.05.21 2019가단60117
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

A. Of the three-story of the building indicated in the attached list of real estate, the drawings on the current status of the attached building shall be indicated 1.

Reasons

1. The allegations and judgment of the parties

A. In full view of the overall purport of the pleadings in the evidence Nos. 1, 4, and 12, the facts of the changed cause of the claim can be acknowledged.

Therefore, the Defendant, as a lessee, is obligated to deliver to the Plaintiff, a lessor, a portion of 165 square meters in the attached Form 1, 2, 3, 4, and 1 among the areas indicated in the attached Form 3 of a building on the third floor of 275 square meters, among the areas indicated in the attached Table 1, 2, 3, 4, and 1, and to pay to the Plaintiff the amount equivalent to the rent calculated by deducting the balance of deposit from the rent in arrears until October 2019 and the amount equivalent to 2,355,000 won per month from November 28, 2019 to the completion date of delivery of the said part of the attached Table.

B. As to this, the Defendant asserts to the effect that the requirements for termination of the instant lease agreement were not satisfied, and that the failure to pay the rent was caused by the termination and lawsuit of the lessor’s unfair lease agreement, and thus, the claim cannot be complied with.

However, even as of July 22, 2019 when the Defendant submitted a written response, the lease contract in this case was lawfully terminated, and there was no other evidence to acknowledge that there was any justifiable reason for the Defendant to refuse the payment of rent, as long as the instant lease contract was terminated on November 27, 2019, at least three consecutive years, due to the delayed payment of rent, and there was no additional payment until the closing date of the argument in this case.

Therefore, the defendant's assertion cannot be accepted.

2. For this reason, the Plaintiff’s claim is accepted in full and is decided as per Disposition.

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