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(영문) 수원지방법원 2015.06.03 2014가단70692

아파트명도

Text

1. The defendant delivers the building indicated in the attached list to the plaintiff, and pays KRW 26,60,000 to the plaintiff.

2. The plaintiff's remainder.

Reasons

1. Facts of recognition;

A. On May 23, 2014, the Plaintiff, on June 30, 2014, leased the building indicated in the attached list (hereinafter “instant building”) to the Defendant as KRW 50,000,000, deposit money for lease from June 30, 2014 to June 29, 2016, and KRW 3,00,000,000 for rent (payment on June 29, 201).

B. On June 9, 2014, the Defendant paid KRW 10,000,000 to the Plaintiff out of the lease deposit, and the remaining deposit KRW 40,000,000 to the instant building shall be paid by June 30, 2014, and if not, the Plaintiff prepared a cash custody certificate stating that the unpaid amount shall be immediately removed from the instant building and the unpaid amount shall be paid at 20% interest per month until the eviction, and issued it to the Plaintiff.

C. The Defendant did not pay the remainder deposit of KRW 40,000,000, and did not pay the rent for seven months from October 2014 to April 2015.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. Determination as to the cause of action

A. According to the facts of the determination on the request for extradition, the Defendant agreed to immediately leave the instant building, unless the remainder deposit of KRW 4,000,000 is paid by June 30, 2014, and thus, the Defendant is obliged to deliver the instant building to the Plaintiff.

B. According to the facts of the determination on the claim for the unpaid rent payment, the Defendant is obligated to pay the Plaintiff rent of KRW 21,000,000 (= KRW 3,000,000 x 7 months) for seven months from October 2014 to April 2015.

(A) Although the Defendant asserts that the unpaid rent is merely a portion of two months, there is no evidence that the Defendant paid the remainder of the rent).

According to the facts of the judgment on the claim for interest on the unpaid deposit, the defendant is obligated to pay to the plaintiff the agreed interest on the unpaid deposit. As requested by the plaintiff, the period from October 2014 to April 2015 is seven months from April 2015.