(영문) 춘천지방법원원주지원 2014.05.20 2013가단9740

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원원주지원 2014.05.20 2013가단9740

건물명도

Text

1. The defendant shall order each point of the attached Form 1, 2, 5, 6, and 1 among the buildings listed in the attached Table list to the plaintiff.

Reasons

1. Facts of recognition;

A. On January 29, 2013, the Plaintiff leased the instant building to the Defendant by setting the lease deposit of KRW 20 million, KRW 2.6 million per month (excluding value-added tax, KRW 2.6 million per month), the lease term from February 20, 2013 to February 20, 2015, and delivered the instant building to the Defendant on February 20, 2013.

B. Upon entering into the above lease agreement, the Plaintiff and the Defendant agreed that when the Defendant delays the payment of rent on at least two occasions, the Plaintiff may terminate the lease agreement, and the Defendant did not pay the Plaintiff the rent from July 2013 to that date.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of claim, barring any special circumstance, the above lease contract was lawfully terminated by being served on the defendant by the complaint stating the defendant's declaration of intent to terminate the lease contract on the grounds of delay in the payment of rent. Thus, the defendant is obligated to deliver the building of this case from the plaintiff to the plaintiff at the same time receiving the remainder of the amount calculated by deducting the amount calculated by the rate of KRW 2860,00 (2.60,000 x 1.1), which is equivalent to the rent from July 21, 2013 to the termination of delivery of the building of this case, from July 21, 2013 to the termination of delivery of the building of this case.

B. (1) The Defendant leased the instant building for the purpose of printing business, and the Plaintiff was well aware of such circumstances.

However, since early June 2013, the Defendant requested the Plaintiff to repair the instant building. However, the Plaintiff had a problem in the drainage of water to the first patrol officer on September 2013, while the Plaintiff was working to ask for drainage pipes.

However, this construction was not suitable for waterproof construction, and eventually, the water leakage system was not resolved.

The printing business is the most vulnerable type of business.

유사 판례

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