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(영문) 대구지방법원김천지원 2014.10.30 2013가단1064
건물명도 등
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 15,671,814 to the Defendant (Counterclaim Plaintiff) and its related amount from December 17, 2013 to October 30, 2014.

Reasons

1. In this case, the Plaintiff and the Defendant, the lessor of each building listed in the separate sheet, are arguing the following multiple issues:

With respect to the existence of a lease agreement, - whether a right to terminate a contract is exercised for a lessor’s breach of repair duty - If a fire occurs on a leased object, whether the contract is terminated and its responsibility is premised on whether the Defendant delivers the leased object to the Plaintiff - Whether the termination date of the payment of rent and the occurrence of overdue rent - Repayment of expenses incurred in the process of restoring leased object - Repayment of expenses incurred in the process of restoring leased object to the original condition of the lessee’s ground and the right to demand purchase attached thereto, separate from

2. Basic facts

A. On June 7, 2005, the Plaintiff leased each of the buildings listed in the separate sheet (hereinafter “each of the buildings of this case”) to the Defendant on December 31, 2012, setting the rent of KRW 24 million per annum and by December 31, 2012.

(hereinafter referred to as “instant lease agreement”). B.

After the Defendant paid the lease deposit amount of KRW 20 million, there was a fire on July 14, 2005, which was destroyed by the delivery of each of the buildings of this case from the Plaintiff, while the building of this case was transferred by the Plaintiff.

Around that time, the Plaintiff received fire insurance money from the insurance company and delivered it to the Defendant, and the Defendant newly constructed or repaired a bitra building based on the said money, and the Plaintiff and the Defendant agreed to extend the term of the instant lease agreement by December 31, 2015, and agreed to share half of the fire insurance premiums on each of the instant buildings from 2006.

C. After that, on December 10, 2012 and December 22, 2012, each of the instant buildings destroyed two times a fire, and both of the instant buildings was destroyed by a spawn, a fostering company, or a belied, and was partially destroyed by a delivery company and a spawn company.

Not more than two times which occurred on December 2012.

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