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(영문) 의정부지방법원고양지원 2016.03.11 2015가단21885

건물인도

Text

1. The defendant

(a) deliver the buildings listed in the separate sheet;

B. 12,900,000 won and the same shall be applied to them. < Amended by Act No. 13582, Dec. 2, 2015>

Reasons

On August 20, 201, the Plaintiff’s father C leased the instant building listed in the attached list (hereinafter “instant real estate”) to the Defendant as KRW 30,00,00, KRW 1,100,000, KRW 120, and the lease term of 12 months. The Defendant merely provided the said lease contract under the name of D, and paid that the Defendant is a vehicle residing in the said building. The Plaintiff inherited the instant building solely by consultation division on June 7, 2012. The Plaintiff was 42,90,000,000 until December 30, 2015. The Defendant delayed payment of KRW 39,1,000 (=39,100,000) to the Defendant, and the Plaintiff’s complaint to the effect that the lease of the instant building is terminated on the grounds of delinquency in payment of the rent, or the purport of the entire claim as to the termination of the lease of the instant building on October 13, 2015 through the entire pleadings.

According to the above facts, since the above lease contract was lawfully terminated due to the plaintiff's declaration of intention of termination on the basis of the rent delay, the defendant shall deliver the real estate of this case to the plaintiff, and the defendant shall return the remaining 12,900,000 won after deducting the deposit from the unpaid rent until December 30, 2015, and the remaining 12,90,000 won from December 31, 2015 to January 8, 2016, it is evident that it is the date the defendant received the application for modification of the purport and cause of this case from December 31, 2015 to January 8, 2016, and the rate of 5% per annum as stipulated in the Civil Act and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of complete payment, and shall return the unjust enrichment calculated at the rate of 1,100,000

Thus, the claim of this case is accepted on the ground of the reasons.

참조조문