beta
(영문) 광주지방법원 2017.06.15 2016가합53956

건물명도

Text

1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in the separate sheet;

(b) 64,000,000 won and this in respect thereof;

Reasons

1. Basic facts

A. On October 14, 1998, C, the father of the Plaintiff, leased each real estate (hereinafter “instant real estate”) indicated in the attached Form C list, owned by C, to the Defendant with the lease deposit of KRW 12 million, monthly rent of KRW 4 million (payment on January 14), the lease term of KRW 60 months (hereinafter “instant lease contract”). The instant lease contract continues implicitly after the expiration of the lease term.

B. C died on March 8, 2007. On June 19, 2007, the Plaintiff, the inheritor, was rendered an adjudication on the inheritance limited approval by the Seoul Family Court 2007 Mono4481.

C. On January 5, 2010, the Defendant drafted a written confirmation (Evidence A 4) stating that “The Defendant, as of January 5, 2010, has the total amount of debt to be repaid to the Plaintiff as of January 5, 2010, shall be KRW 525 million, out of which KRW 250 million shall be paid as a promissory note, and the remainder shall be confirmed to have the amount of debt of KRW 275 million shall remain.”

On September 14, 2010, the Defendant shall pay to the Plaintiff KRW 100 million on a daily basis, which was to be paid by the Defendant to the Plaintiff by September 14, 2010, the remainder of KRW 200 million (referring to the amount calculated by adding KRW 175 million to interest for delay accrued due to installment payments and KRW 25 million for losses), which was to be paid by the Defendant to the Plaintiff by September 14, 201, and KRW 50 million each month from October 14, 201 to January 14, 201: Provided, That in lieu of the foregoing installment payment, the amount of KRW 500,000,000,000,000,000 were to be paid in installments, KRW 40,500,000,000,000,000,000,000,0000,000,000,000.

E. After that, the Plaintiff filed a lawsuit against the Defendant for rent claim against Suwon District Court, Sungwon District Court Branch Branching 2014Kadan223260, and the said court rendered a favorable judgment against the Plaintiff on June 11, 2015, stating that “The Defendant shall pay to the Plaintiff the unpaid amount of KRW 76 million out of the rent up to October 2014 and the delay damages therefrom.”