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Reasons
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(영문) 대구지방법원 2018.12.06 2018나309994
건물명도(인도)
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1. The judgment of the court of first instance is rendered as follows upon the claim that the plaintiff (Counterclaim defendant) added and reduced.

Reasons

1. Where a lease contract is terminated under Article 5, the lessee shall reinstate the relevant real estate and return it to the lessor;

In such cases, the lessor shall refund the deposit to the lessee, and if the rent or damages are incurred, the lessor shall refund the balance after deducting it.

Matters of special agreement

1. The 400,000 won out of the rent of 8.4 million won per year shall be the removal cost; and

2. To ensure that indoor interior interior interior interiors shall return to their original state in the first building upon expiration of the contract;

A. On February 1, 2013, the Plaintiff concluded a lease agreement with the following contents while leasing the fourth and fifth floors of the instant building (hereinafter referred to as “fourth floors of the instant building”) owned by the Defendant from January 25, 2013 to January 24, 2014, with the lease deposit of KRW 15 million, monthly rent of KRW 700,000 (i.e., KRW 4 million of the instant building, KRW 400,000 to KRW 300,000), and the lease term of KRW 15 million from January 25, 2013 to January 24, 2014:

(hereinafter referred to as "the instant lease agreement"). B.

After paying the lease deposit to the Plaintiff, the Defendant drafted a written statement on February 5, 2013, stating that “The total amount of KRW 18 million shall be paid up to February 25, 2013, deducting the removal cost from the unpaid lease deposit of KRW 10 million and KRW 8 million for one year, and shall be recovered from the instant building without compensation and shall be removed from the instant building without objection,” and on April 21, 2014, stating that “The rent of the instant building shall be paid up to May 31, 2014, and any measure shall not be brought in a civil or criminal lawsuit even if it fails to comply therewith.”

C. The Defendant paid the remainder of KRW 10 million to the Plaintiff, and used the part of the instant building as the office, and paid KRW 1 million with the rent around March 31, 2016, but did not pay the remainder of the rent.

The Plaintiff, around October 31, 2014, concluded the instant lease agreement on the ground of rent delay to the Defendant.

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