(영문) 의정부지방법원 2019.11.06 2019가단108268

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(영문) 의정부지방법원 2019.11.06 2019가단108268

건물명도(인도)

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1. From 10,00,000 won to 20,000 won, the Defendant shall deliver the real estate listed in the separate sheet from July 20, 2018 to 30,000 won.

Reasons

1. Determination as to the assertion on the cause of claim

A. On December 4, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B and the Plaintiff on the real estate listed in the attached Table owned by the Plaintiff (hereinafter “instant apartment”) with KRW 10 million, KRW 600,000,00 per month, and KRW 200,00 per month, and the term of lease from December 20, 2017 to December 19, 2019. The Defendant paid the said lease deposit to the Plaintiff and is occupying and using the said apartment after delivery. However, the Defendant is not in arrears since July 20, 2018, and the Plaintiff sent a certificate to the Defendant demanding the termination of the instant lease agreement and the delivery of the apartment to the Defendant on March 6, 2019 to the effect that the delivery of the apartment is not disputed between the parties concerned, or it is recognized that the Defendant received the lease agreement under the purport of the entire evidence No. 15, respectively.

B. According to the above facts, since the lease contract of this case was terminated by delivery of the above proof on the ground of delinquency in the amount of two or more rents, the defendant is obligated to receive the remaining money from the plaintiff after deducting the rent of 600,000 won per month from July 20, 2018 to the completion date of delivery of the apartment of this case, calculated at the rate of 10,000 won, starting from July 20, 2018 to the delivery date of the apartment of this case.

2. Judgment on the defendant's assertion

A. The gist of the claim is that the Plaintiff violated the duty of repair as a lessor by not repairing defects such as the breakdown and leakage of the boiler, steves, gas leakage, etc. of the instant apartment complex. Since the Plaintiff is obligated to compensate the Defendant first for damages arising from the repair cost directly accepted by the Defendant, the damages incurred during the repair process, and the apartment defects, the Plaintiff cannot comply with the Plaintiff’

B. First of all, the Plaintiff, a lessor.

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