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(영문) 청주지방법원 2016.08.10 2016가단6484
건물인도
Text

1. The Defendant shall deliver to the Plaintiff the third floor of 128.26 square meters among the buildings entered in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

On March 13, 2015, the Plaintiff entered into a lease agreement with the Defendant on a monthly rent of KRW 100,000, and the period from March 20, 2016 to December 12, 2015, and the Defendant possessed the instant real estate by delivery around that time. The fact that the Defendant paid KRW 1,00,00 to the Plaintiff as a rent around May 2016 does not conflict between the parties, or that it is recognized by the purport of the entry in the evidence No. 1 and the entire pleadings.

According to the above facts of recognition, the above lease contract was lawfully terminated on May 16, 2016, which included the plaintiff's intent to terminate the lease contract of this case on the grounds of the delay of rent of more than two years by the defendant.

Therefore, the defendant is obligated to deliver the real estate of this case to the plaintiff to its original state unless there are special circumstances.

Since the defendant paid 4.59,750 won to the plaintiff on behalf of the defendant and paid 1,00,000 won to the plaintiff as a delay in the payment of the remaining 1,000 won, the defendant argued that the payment of the electricity fee of 459,750 won is not a delay in the payment of the electricity fee of 4.5 million won. Thus, the defendant did not dispute the fact that the plaintiff paid the electricity fee of 4.59,750 won, but there is no evidence to acknowledge that the owner of the electricity falling under the above electricity fee is the plaintiff, and further there is no evidence to prove that the copy of the complaint of this case containing the declaration of termination of the lease contract of this case was paid to the plaintiff

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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