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(영문) 의정부지방법원고양지원 2017.11.29 2017가단85791

건물명도(인도)

Text

1. The defendant shall receive KRW 110,000,000 from the plaintiff, and at the same time real estate stated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. On March 8, 2011, the Plaintiff entered into a real estate lease agreement with the Defendant (hereinafter “instant lease agreement”) with the term of lease from April 5, 2011 to April 4, 2013, under which the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant apartment”) to the Defendant by setting the lease deposit amount of KRW 110 million (hereinafter “instant lease agreement”). The instant lease agreement was explicitly renewed at the expiration of the term.

B. Around July 2014, the Defendant filed an application with the Plaintiff for a payment order of KRW 110 million against the Plaintiff (Article 2014j1439 of the above court), and the Plaintiff filed an objection against the payment order (Article 2014 money355 of the above court) and filed an application for conciliation with the Defendant (Article 2014 money355 of the above court), and on the conciliation date held on September 26, 2014, the conciliation date of the above case, which was held on September 26, 2014, the Plaintiff and the Plaintiff’s husband jointly and severally with the Defendant until December 31, 2014, and if so, the amount unpaid shall be paid by December 31, 2014, and if so, the conciliation was concluded to pay damages for delay at a rate of 20% per annum from the day following the above payment date to the day of complete

C. On the other hand, the defendant is residing in the apartment of this case after the mediation was completed until the date of closing the argument of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. On August 8, 2014, which was delivered to the Plaintiff by the original copy of the instant payment order on August 8, 2014, by the Defendant’s request for judgment as to the cause of the claim, there is no dispute between the parties. Therefore, the Defendant is obligated to deliver the instant apartment to the Plaintiff at the same time with the Plaintiff’s payment from the Plaintiff, barring any special circumstance, as the lease deposit amount of KRW 110 million under the instant lease agreement.

3. Judgment on the defendant's defense

A. The defendant is also the District Court of Jung-gu.