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(영문) 대구지방법원 2018.02.07 2017나1958
건물인도 등
Text

1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The judgment on the cause of the claim is the owner of the building indicated in the attached list of the Daegu Jung-gu D-gu and its ground (hereinafter “Plaintiff’s building”). On February 25, 2014, the part of the second floor among the building attached immediately adjacent to the Plaintiff’s building (hereinafter “the second floor building”) was referred to as “the second floor building,” and the part of the second floor leased to the Defendant among the second floor buildings of this case was leased to the Defendant, KRW 10,000 (the 30,000 won on the title, such as payment on February 25, 2014 and management expenses, etc.) monthly rent for 10,000 won (the 25th floor building of this case’s lease), or from February 25, 2014 to February 24, 2015, the Defendant did not pay the Defendant the remainder of the lease agreement between the parties to this case and the 15th unit building of this case’s lease agreement.

Meanwhile, the Plaintiff received 130,000 won for rent and management expenses up to July 2015 and received 30,000 won for management expenses over ten times thereafter.

[See Plaintiff’s preparatory brief dated March 22, 2017. The Plaintiff asserted that the Plaintiff was not paid the rent and management expenses for the 18-month period from April 2015 to September 2016 from April 2015, the Defendant, barring any special circumstance, that the instant lease contract was partially changed through the preparatory document dated March 22, 2017. According to the above recognition, the instant lease contract was terminated on December 2015 due to the Defendant’s delinquency in rent, and the Defendant delivered the instant lease portion to the Plaintiff, and ② the use and profit of the instant lease portion.

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