logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.07.23 2019가단112458
건물명도(인도)
Text

1. The Defendant: (a) within the scope of property inherited from B to the Plaintiff; (b) KRW 1,398,800; and (c) on August 2019.

Reasons

1. Facts of recognition;

A. On June 20, 2018, the Plaintiff entered into a sub-lease agreement to sub-let D Multi-household E (hereinafter “instant building”) from July 23, 2018 to July 22, 2020 of the sub-lease period from July 23, 2018, and from July 22, 2020, the sub-lease deposit amount of KRW 84.5 million among which the Plaintiff provided support to the Plaintiff, the remainder of KRW 500,000 shall be borne by B, and the rent shall be paid at KRW 140,830 per month on the last day of each month, and if the Plaintiff fails to pay the overdue charge calculated at a rate of 7% per annum, the Plaintiff shall pay the overdue charge.

B. However, around that time, B resided in the Plaintiff while receiving delivery of the instant building, and died on July 14, 2019. Since then, the instant building was handed over to the Plaintiff on July 31, 2019, and the unpaid rent was totaling KRW 1,730,850, and the late payment charge is KRW 167,930.

C. Meanwhile, among the wife F and children of B, G and H reported the renunciation of inheritance by the Government District Court 2019 Ma30620 decided August 8, 2019, which was accepted on August 14, 2019. The Defendant, the remaining children of B, reported the qualified acceptance on August 19, 2019 by the Government District Court 2019Mo30646 decided September 27, 2019.

[Ground of recognition] Facts without dispute or the purport of Gap's evidence and the whole pleadings

2. According to the above facts of recognition, the Defendant, the inheritor of B, calculated the Plaintiff at each rate of 1,398,80 won from August 1, 2019 to July 9, 2020, the delivery date of an application for change of the purport of claim and the cause of claim, which is 7% per annum, which is the overdue interest rate of the agreement, and 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the next day, from the next day to the date of full payment, after deducting the total of 1,730,850 won and the late payment 167,930 won from the total of 1,89,80 won and the late payment 167,930 won.

arrow