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(영문) 서울서부지방법원 2015.03.27 2013나9936

건물인도 등

Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) regarding the claim for money is revoked, and that part is revoked.

Reasons

1. Basic facts

A. On June 1, 2011, the Plaintiff and D leased real estate listed in the separate sheet (hereinafter “instant housing”) to the Defendant as KRW 10,00,000,000 per deposit, KRW 870,00 per rent, and KRW 870,00 per rent, from June 3, 2011 to June 3, 2012.

(hereinafter “instant lease agreement”). B.

At the time of the conclusion of the instant lease agreement, the Defendant paid 10% additional charges in the event of delinquency on more than two occasions a month, and agreed not to park, and the Defendant imposed the water rate of KRW 10,000 per month and the electricity rate.

C. Around June 3, 2011, the Defendant paid KRW 10,000,000 to the Plaintiff and received the instant house from the Plaintiff, but did not pay to the Plaintiff the Plaintiff the rent after October 3, 2011.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Grounds for the claim;

A. The Plaintiff asserts that, through the principal lawsuit and incidental appeal of this case, the Defendant occupied and used the instant housing even after the lease contract of this case had expired on June 3, 2012, and that the Defendant did not possess and use the instant housing, the Plaintiff’s cause of the principal lawsuit of this case is the amount of KRW 20,221,410 (8,520,700 + KRW 11,700,000 + KRW 200,450 + + KRW 47,450 + + KRW 500,00 + + KRW 14,510 + KRW 47,450 + KRW 10,000 + KRW 192,00 + KRW 21,421,410 or KRW 192,410 + KRW 192,410 or KRW 100 until the date of delivery, 21,421,410 or 130.

1) From October 3, 201 to June 3, 2012, the rent and additional dues of 8,520,000 won [(870,000 won x 8 months + 30,000 won x 12 months) x 1 + 0.1) x 8,052,00 won or the Plaintiff appears to be a clerical error.

[2] 2) The unpaid amount of KRW 11,700,000 (=900,000 x 13 months) (i.e., 93 months) unpaid water rate of KRW 200,000 (=20,000 x 10 months) (i.e., 20,000 x 10 months) (i., 20,000 x 10 months) (i.e., 47,450 won) unpaid electric charges of KRW 50,00 (=50.