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(영문) 서울서부지방법원 2019.12.20 2018나38021

건물명도(인도)

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1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 20,225,806 and to the plaintiff on July 2018.

Reasons

1. Basic facts

A. On October 2010, the Defendant: (a) determined and leased from the Plaintiff real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant family register”) as KRW 10,000,000 for lease deposit; and (b) KRW 550,000 for rent monthly (including surtax).

(hereinafter “instant lease agreement”). B.

From January 1, 2014, the Defendant did not pay the rent stipulated in the instant lease agreement from January 1, 201.

C. On September 26, 2017, the instant complaint stating that the Plaintiff terminated the instant lease agreement on the grounds of the Defendant’s delinquency in rent was served on the Defendant.

On July 30, 2018, the Plaintiff donated the ownership of the instant heading to the Intervenor succeeding to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 10, Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. The instant lease agreement was terminated by the Plaintiff and the Intervenor succeeding to the Plaintiff, and the Defendant occupied the instant house jointly with the D Building Management Body that sublets the instant house without permission by the Defendant.

Therefore, the Defendant is obligated to pay to the Plaintiff the overdue rent of 30,230,000 won (=50,000 won x 30,000 won x 54 months x less than 30 days, and less than 0,00 won) equivalent to the overdue rent of 30,230,000 won from January 1, 2014 to July 30, 2018, and damages for delay.

In addition, the Defendant is obligated to deliver the instant family room to the Intervenor succeeding to the Plaintiff, the owner of the instant family room, and the Plaintiff’s Intervenor is obligated to return the money calculated by the ratio of KRW 50,000 per month from July 31, 2018 to the completion date of delivery of the family room.

B. From January 1, 2014, the Plaintiff concluded a new lease agreement with the Dbuilding Management Body (Representative F). As such, the Plaintiff’s claim against the Defendant and the Plaintiff’s succeeding Intervenor is without merit. 2) Even if the Defendant concluded a lease agreement with the D Building Management Body (Representative F).