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(영문) 대구지방법원 2020.10.16 2019가단135540
건물명도(인도)
Text

1. The defendant shall pay to the plaintiff KRW 2,106,451 as well as 5% per annum from August 22, 2020 to October 16, 2020.

Reasons

1. On April 27, 2019, the Plaintiff leased all the first underground floor (hereinafter referred to as “instant real estate”) among the buildings listed in the attached list to the Defendant, with the lease deposit of KRW 10 million, monthly rent of KRW 900,000,000, monthly rent of KRW 3000,000,000 from April 26, 2019 to May 5, 2020.

(hereinafter referred to as “the lease of this case”). [Ground of recognition] The fact that there is no dispute, entry of evidence No. 1, and purport of the whole pleadings.

2. The parties' assertion

A. Since the Defendant paid only one-time rent for the lease of this case, the above lease was rescinded on the ground of the Defendant’s delinquency in rent for at least three years.

On the other hand, the defendant delivered the real estate of this case to the plaintiff on August 14, 2020.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 3,20,000 after deducting the amount of the instant lease deposit to be refunded to the Defendant from the sum of the unpaid rent of KRW 13,020,000 from June 1, 2019 to August 14, 2020.

B. Although the Plaintiff was at the time of the instant lease agreement, the repair work on the instant real estate was set at the end, the said repair work did not go against.

Accordingly, the Defendant paid only twice the monthly rent of the instant lease, and delivered the instant real estate to the Plaintiff on October 2019.

Therefore, the plaintiff's assertion of this case is without merit.

3. Determination

A. We examine when the Defendant delivered the instant real estate to the Plaintiff.

The delivery of real estate means the removal of goods from the real estate and the transfer of possession of the goods of the possessor in the real estate in the case of possession of the real estate by keeping the straw, office supplies, business supplies, etc. in the real estate.

The following facts or circumstances, which can be known by the statements and images of Gap evidence 5-1 through 5, Eul evidence 1-2, and Eul evidence 1-2, i.e., ① the plaintiff on October 30, 2019 cannot be used as a warehouse due to the leakage and mycoa in the real estate of this case.

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