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(영문) 수원지방법원 2017.02.16 2016가단44178

건물명도 등

Text

1.(a)

From 3,500,000 won to 3,50,000 won, the defendant shall draw up the attached Form among the first floor of the real estate listed in the attached list from June 1, 2016.

Reasons

1. Facts of recognition;

A. On November 30, 2015, the Plaintiff: (a) leased the leased deposit amount of KRW 3,500,000, monthly rent of KRW 400,000, monthly waterworks fee of KRW 12,000, monthly waterworks fee of KRW 12,000, and December 9, 2017, with the Defendant’s deposit of KRW 3,50,500,000, and the instant building was handed over to the Defendant from December 10, 2015 to December 9, 2017 (hereinafter “instant lease contract”); (b) around that time, the Plaintiff received lease deposit of KRW 3,50,000 from the Defendant and delivered the instant building to the Defendant.

B. From June 1, 2016, the Defendant delayed the payment of monthly rent and water supply fees until then.

C. On October 28, 2016, the copy of the complaint of this case, including the Plaintiff’s declaration of intention to terminate the instant lease agreement on the grounds of the delinquency in rent two or more times by the Defendant, reaches the Defendant.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the facts of the judgment on the cause of the claim, the instant lease contract was terminated on October 28, 2016, on which the Plaintiff’s declaration of intent to terminate the lease contract was served on the grounds of delinquency in rent at least twice the Defendant, barring special circumstances, the Defendant is obligated to order the Plaintiff to issue an order to the instant building and pay the Plaintiff unjust enrichment equivalent to the amount of the rent and water fee calculated at the rate of KRW 412,00 per month from June 1, 2016 to the date of complete payment.

3. Judgment on the defendant's assertion

A. On July 2016, the Defendant asserts that the Plaintiff and his cohabitant were unable to respond to the Plaintiff’s claim before receiving KRW 3,500,000 from the Plaintiff for damages caused by intrusion upon the Plaintiff’s residence, intimidation, bathing, verbal abuse, etc., and thus, the Defendant could not respond to the Plaintiff’s claim until receiving KRW 3,50,000 from the Plaintiff.

However, the plaintiff or his cohabitant's residence without permission.