(영문) 창원지방법원진주지원 2015.01.23 2014가단9508

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(영문) 창원지방법원진주지원 2015.01.23 2014가단9508

건물명도

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1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) 2.5 million won and from August 11, 2014 to (a).

Reasons

1. Facts of recognition;

A. On July 13, 2010, with respect to the building indicated in the attached list (hereinafter “instant building”), the Plaintiff leased the building to the Defendant as indicated in the attached list (hereinafter “instant building”) with a deposit of KRW 10 million, KRW 500,000 per month (the 10th day of the payment date), and the period from August 10, 2010 to August 10, 2012.

(hereinafter “instant lease agreement”). B.

From August 10, 2012, the Defendant failed to perform the obligation to pay rent under the instant lease agreement. On July 23, 2014, the Plaintiff sent to the Defendant a certificate to the effect that the instant lease agreement is terminated on the grounds of the foregoing rent delay, and the said certificate reached the Defendant around that time.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. According to the facts acknowledged before the judgment as to the cause of the claim, since the instant lease contract was lawfully terminated on the ground of the Defendant’s delay, the Defendant is obligated to deliver the instant building to the Plaintiff, and to pay to the Plaintiff the amount equivalent to the rent of KRW 12.5 million from August 10, 2012 to August 10, 2014, as the Plaintiff seeks, after deducting the deposit amount of KRW 10 million to be returned to the Defendant (=50 million x 25 million), from the deposit amount to be returned to the Defendant from August 10, 2014, and from August 11, 2014 to the delivery date of the building.

3. The Defendant’s assertion and judgment asserted that the Plaintiff paid the rent to the Plaintiff until August 9, 2013, but the Defendant’s assertion is difficult to accept since there is no evidence to acknowledge the Defendant’s assertion.

In addition, the defendant alleged that the contract was made to deliver the building of this case to the plaintiff by March 10, 2015, but it is difficult to accept the defendant's allegation since there is no evidence to acknowledge it.

4. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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