(영문) 대구지방법원 2018.10.19 2017가단125815

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(영문) 대구지방법원 2018.10.19 2017가단125815

건물명도(인도)

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1. The defendant shall be the plaintiff.

(a) deliver one-story store of 27.3 square meters among the real estate listed in the attached list;

(b) 2,700,000;

Reasons

1. Facts of recognition;

A. On January 6, 2016, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the lease deposit of KRW 3 million, monthly rent of KRW 200,000,000, and the lease term of KRW 27.3 square meters (hereinafter “instant store”) among the real estate listed in the attached list owned by the Plaintiff (hereinafter “instant real estate”), and the Plaintiff handed over the instant store to the Defendant.

B. Around January 2016, the water management of the second floor of the instant real estate was dried and the Defendant’s goods, etc. were milked due to water leakage in the ceiling of the instant store.

C. Around January 2016, the Defendant paid KRW 200,000 to the Plaintiff, and thereafter, did not pay the difference at all.

At least three times of the defendant, a duplicate of the complaint of this case containing the plaintiff's declaration of intent to terminate the lease contract of this case on the grounds of unpaid rent was served on the defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The party's assertion and judgment

A. (1) The Plaintiff and the Defendant agreed to settle the Plaintiff’s claim that the Plaintiff bears 3.5 million won, including the cost of remuneration and construction. Accordingly, the Plaintiff remitted KRW 2 million to the construction business operator, and the remaining KRW 1.5 million was not paid as the rent of the instant store for a considerable period of time.

However, the Defendant did not pay to the Plaintiff at all, in addition to once payment, that is, the instant lease was terminated by the Plaintiff’s declaration of intent of termination on the ground that the instant lease was not paid for more than three years.

Therefore, the defendant is obligated to deliver the store of this case to the plaintiff and pay the overdue rent to the plaintiff.

(2) The Defendant’s store was located in the instant case due to water leakage in the ceiling of the instant store.

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