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(영문) 서울서부지방법원 2015.11.13 2015가단220514

건물명도

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff, based on the facts, has completed the registration of ownership transfer after having sold the apartment in the attached list from the Korea Land and Housing Corporation.

The Defendant, who was the husband of the Plaintiff, resided in the apartment of this case with C from July 201 to July 201, and was living in the apartment of this case with C from August 2013, and was living in the apartment of this case alone.

C On March 30, 2015, on March 30, 2015, the Defendant filed a lawsuit against the Defendant for divorce, etc.

(Fact that there has been no dispute). 2. argument and judgment

A. The Plaintiff’s assertion 1) merely gave the Defendant and C temporary consent to reside in the instant apartment, and thus, the Defendant is obligated to deliver the instant apartment and return unjust enrichment of KRW 330,000 per month, which is equivalent to the rent from the day following the delivery of a copy of the complaint to the Plaintiff. In addition, the Defendant’s assertion and C are obligated to pay to the Plaintiff the management fee of KRW 1,043,071 in arrears. Furthermore, the Defendant’s assertion and C, under the name of C, leased the instant apartment from the Defendant to the period of KRW 238,00,000, the lease period of KRW 238,000,000, and the contract was renewed by increasing the lease period of KRW 275,000 on September 16, 2013. Therefore, the Defendant has legitimate right to reside in the instant apartment.

In addition, even if the defendant did not pay the management expenses, it cannot be claimed to the defendant unless the plaintiff paid it.

B. On July 19, 201, the Defendant’s wife determined on July 19, 201 the deposit amount of KRW 238,00,000 and the lease period of KRW 16,00,00 from the Defendant’s wife, in full view of the following: (a) determination on the delivery of apartments and the claim for return of unjust enrichment (the Plaintiff’s father’s arbitrarily signed and sealed the Plaintiff’s seal; but (b) the Plaintiff’s father’s statement alone is insufficient to recognize it by itself); and (c) the lease of the instant apartment from the Defendant as the lease period.