(영문) 의정부지방법원고양지원 2017.08.16 2017가단76162

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(영문) 의정부지방법원고양지원 2017.08.16 2017가단76162

건물명도(인도)

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1. From 48,200,000 to 48,200 won, the Defendant shall deliver the real estate listed in the separate sheet from April 5, 2017 to the completion date of delivery of the real estate.

Reasons

1. On February 16, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting a deposit of KRW 100 million, monthly rent of KRW 4.4 million, and the contract period from March 4, 2016 to March 3, 2018.

At the time of the above contract, 5 million won was not paid, and the payment was made by applying 1.1% per month (5 million won per 1.1% per 5 million won) until the full amount of the deposit is paid.

The Defendant paid only KRW 4,50,000 among KRW 4,950,000 for December 2, 2016, and did not pay the remainder of KRW 450,000. The Defendant did not pay KRW 14,850,00 for rent from January 2, 2017 to March 2017.

The Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground that the Defendant was in arrears for not less than three months.

On April 12, 2017, the Defendant paid 13.5 million won to the Plaintiff.

【Ground for Recognition: Each entry of Gap evidence 1 through 7 (including a tentative number, if any)

2. According to the above facts of determination as to the cause of the claim, the instant lease contract was terminated.

Therefore, the defendant is obligated to deliver the above real estate to the plaintiff simultaneously with receiving the remaining money calculated by subtracting the amount calculated by the ratio of KRW 4,950,000 from April 5, 2017 to the completion date of delivery of the building of this case from KRW 13,50,000 (within the scope of KRW 15,300,000,000,000,000 paid by the defendant) that the plaintiff sought from the plaintiff.

Furthermore, the purport of the other claim sought by the defendant is not to seek implementation against the defendant, and this part is without merit.

3. Judgment on the defendant's assertion

A. The Defendant asserted that ① After the conclusion of the instant lease agreement, the Defendant requested a statement of account that is not a tax invoice from 2017, on the ground that the value-added tax on the monthly rent of the housing rental business is not a refund since the instant lease agreement was concluded. ②

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