(영문) 창원지방법원통영지원 2017.09.21 2016가단26227

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(영문) 창원지방법원통영지원 2017.09.21 2016가단26227

건물명도

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On July 2016, the Plaintiff entered into a lease agreement with the Defendants on the real estate listed in the separate sheet (hereinafter referred to as “instant building”) on July 19, 2016, between July 19, 2016 and July 19, 2017, setting the lease deposit amount of KRW 30 million, monthly rent of KRW 3 million, and written a contract thereon.

(hereinafter referred to as “instant lease agreement” and “instant lease agreement”). Of the instant lease agreement, the entry of the lessee’s column is as follows.

D E E G F AH I B K CJ completed the test work on the instant building at its own expense.

【The Plaintiff’s assertion of the parties to the instant lease agreement between the Defendants and the Defendants, despite the absence of any dispute, and the description or image of Gap’s evidence Nos. 1 through 4 (including each number; hereinafter the same shall apply) and the purport of the entire pleadings, did not fully pay the lease deposit and the rent, even though the Plaintiff concluded the instant lease agreement with the Defendants and delivered the instant building on July 19, 2016.

The instant lease contract is terminated by the delivery of a duplicate of the complaint of this case. The Defendants are jointly and severally liable to deliver the building of this case and to pay the 3,168,750 won per month from July 19, 2016 to the completion date of delivery (i.e., monthly rent of KRW 30 million converted into monthly rent of KRW 168,750).

The Plaintiff agreed with the Defendants that the interior works pertaining to the instant building shall be borne by the Plaintiff, but the costs thereof shall be borne by the Defendants. The Defendants are jointly and severally liable to pay the interior costs of KRW 57,406,552, and damages for delay incurred by the Plaintiff.

The defendants are responsible for compensating for damages equivalent to the test cost, as they had not had the ability to pay the test cost and had the intention to do so.

or the instant case.

유사 판례

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-청주지방법원 2018.06.19 2017가단114603

-서울중앙지방법원 2020.10.29 2020나5494 (1)

-대전지방법원천안지원 2015.12.10 2015가단7158

-광주지방법원 2020.02.12 2019가단522876