(영문) 청주지방법원충주지원 2015.09.02 2015가단2723

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(영문) 청주지방법원충주지원 2015.09.02 2015가단2723

건물인도 등

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1. The defendant delivers to the plaintiff the building indicated in the attached list, and the above building shall be KRW 18,477,230, and from May 2, 2015.

Reasons

1. Fact-finding;

A. On November 30, 2013, the Plaintiff concluded the instant lease agreement with the Defendant and the Plaintiff on the terms of KRW 15,000,000 for the lease deposit, KRW 2,000 for the rent month (payment on January 2), and KRW 24 months for the lease period.

B. The Defendant did not pay a total of KRW 31,00,000,000 by April 2, 2015, and the Plaintiff did not pay a total of KRW 2,477,230.

C. On March 19, 2015, the Plaintiff notified the Defendant of the rescission of the instant lease agreement on the ground of the delinquency in rent.

Currently, in the building listed in the attached list, the equipment and parts owned by the defendant remain.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination

A. According to the above facts, this case’s lease contract was lawfully rescinded due to the Defendant’s delinquency in rent, and it is deemed that the Defendant possessed the building because the equipment and parts owned by the Defendant remain in the building listed in the attached Table, and thus, the Defendant is obligated to deliver the building listed in the attached Table to the Plaintiff and pay to the Plaintiff the amount equivalent to the rent of KRW 2,477,230 per month from May 2, 2015 to the delivery of the said building (i.e., rent of KRW 31,00,000, electricity fee of KRW 2,477,230,000) and the lease deposit amount of KRW 15,00,000 per month.

B. The lease relationship between the Plaintiff and the Defendant is determined according to the instant lease agreement, and there is no evidence to acknowledge that there was a special agreement between the Defendant and the Defendant to exempt the Defendant from the obligation to pay the rent for the period from the commencement of the lease agreement after the commencement of the lease agreement. Therefore, the Defendant’s assertion that the rent for the said period may not be paid

In addition, the defendant asserts that the plaintiff should bear the expenses incurred in repairing the building of this case, so that the above expenses should be deducted from the overdue rent. However, there is no clear legal basis.

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