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(영문) 서울중앙지방법원 2018.10.31 2018가단27339
건물명도
Text

1. The defendant shall be the plaintiff.

가. 별지 목록 기재 건물 제지층 C호 중 별지 도면 표시 ㉠, ㉡, ㉢, ㉣,...

Reasons

1. Facts of recognition;

가. 원고는 2015. 5. 10.경 피고에게 별지 목록 기재 건물 제지층 C호 중 별지 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을 차례로 연결한 선내 (가)부분 117.74㎡(이하 ‘이 사건 부동산’이라 한다)를 임대차보증금 1,000만 원, 차임 월 100만 원, 임대차기간 2015. 5. 10.부터 2018. 6. 9.까지로 정하여 임대하였다

(hereinafter referred to as “the lease of this case”). B.

The Defendant did not pay the Plaintiff the rent after October 10, 2017.

C. On May 23, 2018, a duplicate of the instant complaint stating that “the instant lease contract is terminated on the grounds of the Defendant’s delay of rent was served on the Defendant.”

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 5, purport of the whole pleadings]

2. Determination

A. According to the above facts of recognition, the lease of this case was terminated on May 23, 2018 by the Plaintiff’s declaration of termination on the grounds of the Defendant’s delay of rent.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the Plaintiff the rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 1,000,000 per month from October 10, 2017 to the completion date of delivery of the said real estate.

B. The first defendant's assertion as to the defendant's assertion did not pay the defendant the difference because the plaintiff did not compensate the defendant for the following damages.

Therefore, the lease of this case is still valid after being renewed on June 2018.

If the plaintiff and the defendant agree smoothly on the compensation for damages, the defendant shall pay the overdue interest at a time, and receive the appropriate premium from other tenants and will exceed the real estate of this case. Thus, the plaintiff's claim of this case shall be dismissed.

① Damage caused by the Defendant’s fung in the process of building drainage and floor bungs, etc. as a result of flooding of the instant real estate in a heavy rain around August 2015, due to the Plaintiff’s neglect of crying operations, etc. to block rainwater.

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