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(영문) 창원지방법원통영지원 2019.04.23 2018가단5071
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From February 3, 2018, the above A

subsection (b).

Reasons

1. C and the Defendant, representing the Plaintiff on December 28, 2017, concluded a lease agreement (hereinafter “instant lease agreement”) with regard to the real estate listed in the separate sheet owned by the Plaintiff on December 28, 2017 (hereinafter “instant housing”), setting the lease deposit of KRW 10 million, monthly rent of KRW 7,500,000 (payment on January 3, 2018), from January 3, 2018 to January 2, 2019 (hereinafter “instant lease”). At the time of the conclusion of the instant lease agreement, the Plaintiff agreed that the instant lease agreement may be terminated if the Defendant’s delayed rent falls short of the two-term rents. The Defendant did not pay the lease deposit of the instant housing and resides in the instant housing from the Plaintiff on February 3, 2018, or the Defendant did not have any dispute between the parties concerned, or may be recognized by the evidence under subparagraph 1 and subparagraph 2.

According to the above facts, since the Defendant did not pay more than two vehicles, and the Plaintiff had the right to terminate the instant lease agreement, the instant lease agreement was lawfully terminated on December 12, 2018, stating that the instant lease agreement is terminated on the grounds of the Defendant’s delinquency in rent.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant house to the Plaintiff upon the termination of the instant lease agreement, and to pay the Plaintiff rent or unjust enrichment equivalent to the rent, calculated by the ratio of KRW 750,000 per month from February 3, 2018 to the completion date of delivery of the instant house.

2. In relation to the determination of the Defendant’s assertion, the Defendant had difficulty in using the instant house because malodor emitted from toilets is serious and indoor lights are not installed in multi-use rooms. The Defendant paid repair costs due to the impossibility of putting out gas bags and the entrance gate fall, and the delinquent water tax, etc. prior to moving in.

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