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(영문) 수원지방법원안산지원 2017.06.22 2016가단26983

건물인도 등

Text

1. The Defendants are to the Plaintiff.

(a) An annex map of the size of 345.6 square meters of buildings 345.6 square meters of the ground wooden structure and block structure of two parcels outside Sii-si, Sii-si.

Reasons

1. Facts of recognition;

A. On August 2, 2007, the Plaintiff, a lessor, is the Plaintiff and the Defendants, the lessee, as the Plaintiff’s owner of the disposition No. 1.

A. The lease deposit was KRW 18,00,000 for the lease on the real property stated in the port; KRW 1,800 for the monthly rent; KRW 2,200 for the monthly rent payment; and KRW 14,450,00 for the lease deposit was paid by the Defendants.

B. On June 12, 2012, the Plaintiff’s monthly rent from the Defendants under the said lease agreement is the same year.

7. From February 1, 200, it was confirmed that he would raise KRW 2,00,000 per month.

C. On April 22, 2014, the Plaintiff confirmed that with respect to the settlement of monthly rent in arrears from the Defendants around that time, “the Defendant repaid KRW 4,00,000 each month from May 15, 2014 to KRW 4,000,000, and if the Defendants did not comply therewith, the Plaintiff transferred each of the real estate listed in the disposition No. 1 and removed all the things on the ground thereof.”

The sum of the monthly rent from November 2, 2012 to August 2, 2014 by the Defendants is KRW 44,150,000 in total.

[Reasons for Recognition]: Facts that there is no dispute or no clear dispute, entry in Gap evidence 1 through 8, 11, 13 through 16 (including each number), and the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendants delivered the real estate mentioned in Paragraph (1) of this Article to the plaintiff, and removed and collected each movable property mentioned in Paragraph (1) of this Article, and jointly and severally sought by each plaintiff, the plaintiff in the overdue balance of KRW 29,700,000, deducted the lease deposit of the defendants. Thus, the defendants' assertion of simultaneous performance defense based on the lease deposit is without merit.

= 1-1

D. 44,150,00 won as stated in the port of call - The Defendants’ deposit of KRW 14,450,000 and damages for delay thereof were confirmed on October 3, 2016 by the Plaintiff around November 8, 2016 (A).