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(영문) 수원지방법원안양지원 2017.06.22 2016가단13251
건물인도
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. On September 30, 2015, the Plaintiff concluded a lease agreement with the Defendant to lease the building indicated in the attached list (hereinafter “instant building”) under the following conditions (hereinafter “instant lease agreement”), and delivered the said building to the Defendant.

Lease Deposit: The rent of KRW 100,000 per month from the delivery date of the building: The rent of KRW 5,00,000 per month (for six months from the date of the contract) shall be determined by mutual consultation at the expiration of 15,00,000 per month after the lapse of 10,000 won per month after the lapse of 1 year o o 2 years after the lapse of 10,000 won per month.

Management expenses: Period of lease of 2,000,000 won per month: From October 20, 2015 to October 19, 2020

B. However, the Defendant did not pay monthly rent even after the lapse of six months from the lease term, and the Plaintiff expressed his/her intent to terminate the instant lease contract on the ground of the delayed payment by serving a duplicate of the complaint in this case.

[Reasons for Recognition] Facts, non-contentious facts, Gap evidence 1, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the instant lease agreement was lawfully terminated by the service of the copy of the complaint of this case, which included the Defendant’s declaration of termination on the grounds of the leased body.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.

B. The Defendant’s argument 1) The summary of the Defendant’s argument i) decided not to pay the difference while the Defendant is performing human test construction at the time of the instant lease agreement.

At the time, the term of interior works was predicted to be six months more than that time, but it was merely a forecast, and there was a fact that the term of construction has been extended, but it is also because the plaintiff's position that it is not necessary to prevent the windows on the side of the road among the interior works is conflicting with the defendant's position that it should not be prevented.

ii The instant lease agreement is executed.

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