(영문) 의정부지방법원 2019.04.18 2018가단23896

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(영문) 의정부지방법원 2019.04.18 2018가단23896

건물명도(인도)

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1. The defendant shall be the plaintiff.

(a) Indication of drawings (1), (6), (7), (8), (9), (2), and (2) of the five floors of the building indicated in the attached list;

Reasons

1. Determination as to the cause of claim

A. On April 29, 2017, the Plaintiff entered into the instant lease agreement with the Defendant on April 29, 2017, indicated in the annexed drawings among the five-story buildings in the Guri-si and D ground neighborhood living facilities, which are buildings listed in the annexed sheet, (1), (6), (7), (8), (9), (2), and (1).

(2) A lease agreement was concluded between KRW 20,00,000, monthly rent of KRW 1,500,000 (excluding value-added tax), management expenses (excluding value-added tax), KRW 5,000, and lease period from May 1, 2017. The Plaintiff received a lease deposit from the Defendant on May 1, 2017, and delivered the instant building. 2) The Defendant’s nonperformance of obligation to pay the Plaintiff rent only up to June 2018, and did not pay rent, value-added tax, and management expenses from July 1, 2018.

【Ground for recognition】An absence of dispute, and description of Gap evidence No. 1

B. The fact that the copy of the complaint of this case containing the Plaintiff’s declaration of intent to cancel the instant lease agreement on the ground of nonperformance of obligation, such as the Defendant’s delinquency in rent, is obvious in the record that it was delivered to the Defendant on December 7, 2018.

Therefore, inasmuch as the instant lease contract was cancelled, the Defendant is obligated to deliver the instant leased building to the Plaintiff and pay KRW 1,875,000 per month from July 1, 2018 to the completion date of delivery (= value added tax of KRW 150,000 for rent of KRW 1,50,000 (45 square x 5,000) for management expenses of KRW 225,00 for value added tax of KRW 150,00 for rent of KRW 1,50,

2. The defendant asserts that the plaintiff did not pay rent because he did not provide the defendant with a parking space belonging to the leased building of this case.

However, there is no evidence to acknowledge that the plaintiff's business was obstructed due to the lack of parking space.

The defendant's argument is without merit.

3. Conclusion, the plaintiff's claim is reasonable, and it is so ordered as per Disposition.

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