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(영문) 대구지방법원 2016.01.27 2015가단38641
건물명도
Text

1. The plaintiff's claim is dismissed.

2. One-fourth of the costs of lawsuit shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the building indicated in the attached list (hereinafter “instant building”).

B. On May 31, 1996, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant by setting the lease deposit amount of KRW 5 million with respect to the portion (a) of KRW 40.365 square meters on the ship connecting each point of the attached drawing Nos. 1, 2, 5, 4, and 1 among the instant building (hereinafter “instant leased section”) from May 31, 1996, from May 31, 1996 to May 30, 1996, as the monthly rent of KRW 200,000,000 (hereinafter “instant lease agreement”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. As to the Plaintiff’s assertion, the Plaintiff asserted that the Defendant did not pay two or more rents, and that the lease contract of this case was terminated by the delivery of the complaint of this case, and sought payment for the delivery of the leased portion and the unpaid rent against the Defendant.

Basic Facts

According to the purport of the entire pleadings, the Defendant should deliver the leased part of the instant case to the Plaintiff and pay the unpaid rent.

On the other hand, since the defendant alleged to the effect that he fulfilled all the above obligations, it is difficult to dispute between the parties that the defendant delivered the leased portion of this case to the plaintiff around the end of December 2015, and the plaintiff paid KRW 2 million to the defendant after settling the lease deposit and the unpaid rent between the plaintiff and the defendant.

According to this, the plaintiff's assertion is without merit.

3. As such, the Plaintiff’s claim is dismissed as it is without merit. However, in light of the fact that the delivery, etc. of a building was performed after the instant lawsuit was filed, it is decided as per Disposition by applying the latter part of Article 99 of the Civil Procedure

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