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(영문) 의정부지방법원 고양지원 2018.08.24 2017가단18357

건물인도 등

Text

1. The Defendant indicated the Plaintiff on the 1st floor of the building indicated in the attached Form in the indication of the attached real estate, and indicated in the attached Form No. 1, B, C, D.

Reasons

1. We examine the judgment on the claim for delivery. The Plaintiff is the owner of a portion of 26 square meters in the ship (A) connected with each point of the attached Form No. 1, B, C, D, and A among the first floor of the building indicated in the attached Form No. 1, the Plaintiff leased the instant real estate from November 12, 2009 to C with a lease deposit of KRW 3 million and KRW 330,000 per month. Since C delayed payment of the rent of KRW 7,809,950 by August 15, 2017, the Plaintiff notified C of the termination of the said lease. The Defendant did not dispute between the parties or may recognize the possession and use of the instant real estate with the permission of C as a family member, taking into account the purport of the entire evidence No. 1 and No. 2.

According to the above facts, as long as the lease contract between the plaintiff and C is terminated on the grounds of delinquency in rent C, the defendant who occupies and uses the instant real estate with C's permission is obligated to deliver the instant real estate to the plaintiff.

2. The Plaintiff’s judgment as to the claim for rent is also claiming for rent of KRW 7,809,950 and damages for delay, which is overdue by C to the Defendant. However, as seen earlier, the parties that entered into a lease agreement with the Plaintiff are C, and therefore, the above claim for rent of KRW 7,809 and damages for delay is without merit

3. Some of the Plaintiff’s claims are accepted.