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(영문) 서울서부지방법원 2018.05.04 2017가단230935

건물명도(인도)

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1. The Defendant: from October 1, 2017, at KRW 4,950,000 from the Plaintiffs, the real estate indicated on the attached real estate as indicated in the attached real estate.

Reasons

1. Judgment on the plaintiff's claim

A. Fact 1) On April 14, 2016, the Plaintiffs are legally married couples who completed the marriage report on September 9, 200. (2) On April 14, 2016, the Plaintiff B, acting as Plaintiff A’s agent, leased the real estate, such as the indication of the attached real estate (hereinafter the instant housing), to the Defendant as the lease deposit amount of KRW 10,000,000, monthly rent of KRW 300,000, and the lease period of KRW 5, 2016, for a period of 24 months from May 5, 2016.

(3) The Defendant did not pay to the Plaintiffs the monthly rent. (4) As to the Plaintiff’s share of 1/2 of the instant housing, the instant court completed the registration of partial transfer of ownership on July 31, 2017, as the receipt of No. 43103, August 1, 2017, with respect to the Plaintiff’s share of 1/2 of the instant housing.

5) On September 15, 2017, Plaintiff B sent a letter verifying that the instant lease agreement was terminated on September 30, 2017 on the grounds of the Defendant’s delinquency in monthly rent at least twice, and the Defendant was served on September 18, 2017. (6) The Defendant continued to occupy and use the instant housing until the date of closing argument.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1, 2, and 3, the purport of the whole pleadings

B. In light of the facts acknowledged above, the lease of this case was terminated on September 30, 2017 according to the plaintiffs' declaration of termination. 2) Meanwhile, since the plaintiffs deducted from the defendant's overdue rent, unjust enrichment or damages and sought the return of the remainder of the lease deposit and the repayment of the delivery of the house of this case, the defendant is obligated to deliver the house of this case to the plaintiffs at the same time as receiving the remainder of the amount calculated by deducting the overdue rent, unjust enrichment or damages from the lease deposit of this case, and from the 10,000,000 to the 30,000 won from May 5, 2016 to the delivery date of the house of this case from the lease of this case.

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