(영문) 대구지방법원 2018.01.25 2017가단14526

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Reasons

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(영문) 대구지방법원 2018.01.25 2017가단14526

건물인도등

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1. The Defendants are indicated in the separate sheet No. 1, 2, 3, 4, and 1 among the first floor of the building listed in the separate sheet to the Plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiffs are co-owners of the portion (A) of 314.04 square meters in part (hereinafter “instant leased portion”) connected in order to each point of indication 1, 2, 3, 4, and 1 of the attached drawing among the 1st floor of the building listed in the attached list.

On January 14, 2013, the Plaintiffs: (a) leased the leased portion of the instant case to the Defendants from January 17, 2014 to January 17, 2016; (b) leased deposit amount to KRW 50 million; and (c) monthly rent to KRW 4 million (in addition to value-added tax, KRW 17,000 per month); and (d) received KRW 50 million as lease deposit.

B. From January 18, 2016, after the initial lease term expires, the Plaintiffs and the Defendants renewed the lease contract by reducing the monthly rent of KRW 3.5 million (excluding value-added tax) from January 18, 2016.

C. However, the Defendants did not pay monthly taxes for at least two months around October 2016.

Accordingly, on November 2016, the Plaintiffs expressed their intent to terminate the contract without paying the overdue monthly income to the Defendants, but failed to pay the overdue monthly income in full.

[Ground] Facts without dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings

2. According to the facts of the above recognition, since the lease contract was terminated due to the monthly arrears on the part of the defendant, the defendants are obligated to deliver the leased part of this case to the plaintiff.

(3) The Plaintiff’s claim is accepted by the Plaintiff on the following grounds: (a) the Plaintiff requested the delivery of the leased portion at the same time after deducting the monthly rent in arrears from the leased deposit amounting to KRW 50 million; and (b) the delivery of the leased portion was determined to exceed the monthly rent deposit as of the closing date of the pleadings in the instant case; (c) thereby, the delivery of the leased portion is ordered

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