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(영문) 수원지방법원 2018.03.29 2017가단29558
건물명도등
Text

1. The defendant shall be the plaintiff.

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

B. From January 21, 2018, the above A

subsection (b).

Reasons

1. Facts of recognition;

A. On August 16, 2016, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 30 million, monthly rent of KRW 2.2 million (payment on the 30th of September), and the lease term from September 1, 2016 to August 31, 2018 (2 years).

B. The Defendant received the instant building from the Plaintiff on September 1, 2016, and occupied and used the instant building until the date of the closing of argument, but did not pay the said building more than the end of the first three-month payment by November 2016.

C. On April 18, 2017, the Plaintiff sent a certificate to the effect that the instant lease contract is terminated on the grounds of the delinquency in rent for at least two years by the Defendant, and that the following date reaches the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of intention to terminate the contract for reasons of the Defendant’s delinquency in rent.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant building to the Plaintiff according to the termination of the lease agreement and pay the Plaintiff the rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 2,200,000 per month until the delivery of the instant building is completed.

B. Determination of the Defendant’s assertion (1) The Plaintiff’s assertion of exemption from rent or reduction due to defects, such as leakage of toilets part, is examined as above.

In the lease contract, the lessor shall be obligated to maintain the conditions necessary for the use and profit-making of the leased object while the lease is in existence (hereinafter referred to as the "leased's obligation to repair").

(Article 623 of the Civil Act) Therefore, if an object is destroyed or damaged, it shall not be repaired.

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