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(영문) 대구지방법원 2019.05.23 2018나1436
건물명도(인도)
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay 1450,000 won to the plaintiff.

B. The plaintiff.

Reasons

1. Basic facts

A. On July 1, 2013, the Plaintiff leased to the Defendant the part of 66 square meters in the ship connecting each point of the 1,2,3,4, and 1 attached Form 1, 2, 3, 4, and 1 of the building of the 1st floor among the buildings of the 2nd floor, Nam-gu, Nam-gu, Mapo-gu, with a lease term of two years. On July 1, 2015, the said lease

B. On November 9, 2017, the Plaintiff filed the instant lawsuit on the ground that the Defendant was in arrears with the monthly rent from September 2016, and declared that the lease contract is terminated by the delivery of a copy of the instant complaint.

C. Meanwhile, the Defendant, while operating a restaurant in the instant building, delivered the instant building to the Plaintiff around March 2018, which was after the first instance judgment was rendered.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The parties' assertion

A. On July 1, 2013, the Plaintiff asserted that the lease contract was concluded between the Defendant and the Defendant, setting the lease deposit amount of KRW 9 million for the instant building, the lease term of KRW 2 years for the instant building, and KRW 50,000 for the monthly rent of KRW 50,000 (a contract of KRW 200,000 for the certificate of KRW 20,000,000 for the monthly rent of KRW 20).

The Defendant granted only KRW 8 million out of the lease deposit to the Plaintiff, and did not pay the remainder of KRW 1 million up to July 30, 2013, even though the Defendant paid the remainder by July 30, 2013.

On July 1, 2015, the Plaintiff renewed the above lease agreement with the Defendant, and the Defendant paid a deposit of one million won, and thus, re-established the lease agreement (Evidence 2) with the deposit amount of eight million won, five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and two years of lease period.

The above lease agreement entered into between the plaintiff and the defendant was legally rescinded by delivery of a copy of the complaint of this case as the defendant did not pay two or more monthly rents and thus, the defendant is obligated to pay the plaintiff the overdue rent.

The lease deposit that the Defendant paid to the Plaintiff is in arrears from KRW 8 million to the date of the completion of delivery of the building of this case.

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