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(영문) 대구지방법원 서부지원 2018.03.27 2017가단56275
건물인도
Text

1. The defendant is marked with the indication of the attached drawings among the second and third floors of the building in the attached list to the plaintiff. The defendant is marked with 1,2,5,6,7 and 1 of the attached list.

Reasons

1.The facts subsequent to the facts of recognition may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 6 (including branch numbers; hereinafter the same shall apply), the witness C's testimony, and the purport of the whole pleadings.

The Plaintiff is the owner of the building listed in the attached Table (hereinafter referred to as “instant building”).

B. On June 19, 2013, the Plaintiff leased the part on the second floor of the instant building (hereinafter “second floor”) to the Defendant at KRW 5,00,000, monthly rent of KRW 450,000, and the part on the third floor of the instant building, which connects each point of (a) the attached map indication 1, 2, 5, 6, 7, and 1 among the three floors of the instant building, with the lease deposit of KRW 1,00,000,000 and KRW 150,000,000 for each lease term from August 1, 2013 to 24 months.

C. On July 2014, the Defendant decided not to use the 3rd floor room to the Plaintiff, and upon the Plaintiff’s request, left the key to the 3rd floor lessee C of the instant building.

Since then, the Defendant used only the second floor, and paid 3,00,000,000,000 for the last six months on July 31, 2014, and 1,000,000,000 for the second month on January 31, 2015, and 1,00,000,000 for the second month on April 30, 2015, and 1,00,000,00 for the second month on May 27, 2015, and 1,00,00,000 for the second month on June 30, 2015, respectively.

E. On August 1, 2015, the Defendant again used the 3th floor studio to the Plaintiff and used it again.

Since then, the Defendant paid to the Plaintiff the rent for the second floor from September 1, 2015 to April 30, 2017 and the third floor room from August 1, 2015 to March 31, 2016.

2. Summary of both claims;

A. The Plaintiff’s assertion that the second floor was not paid from May 2017 to April 2017 as to the second floor and from April 2017 to the third floor room. As such, the Plaintiff terminated the instant lease agreement and claimed delivery of the said part.

The defendant remains the studio lease deposit with the third floor as follows.

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