(영문) 수원지방법원여주지원 2016.05.25 2015가단5868

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(영문) 수원지방법원여주지원 2016.05.25 2015가단5868

건물명도

Text

1. The defendant shall be the plaintiff (appointed party), the appointed party C, D, and E:

(a) deliver the real estate listed in the annex;

(b) 14,400.

Reasons

In light of the facts without dispute, Gap evidence Nos. 1 and 2, comprehensively taking into account the purport of the entire pleadings, the real estate stated in the attached Form No. 1 and 3, D, and E (hereinafter referred to as "the plaintiffs") to the defendant on June 19, 2013 (hereinafter referred to as "the real estate of this case") shall be leased as lease deposit money of KRW 12 million, monthly rent of KRW 1320,000,000, and the lease period of KRW 1320,000,000 (including value-added tax) from June 26, 2013 to 24 months. The defendant is occupying and using the real estate of this case after entering into the above lease contract, and the defendant shall pay only the rent of 4-month to the plaintiffs, and the defendant may each be found to have delayed payment of the rent for a period of 20 months.

According to the above facts, since the above lease agreement has expired on June 26, 2015, the defendant is obligated to deliver the real estate of this case to the plaintiffs, and the defendant is obligated to pay 26,400,000 won in arrears during the lease period (= monthly 1,320,000 won x 20 months) less the deposit deposit of 12,00,000 won (=26,40,000 won - 12,000,000 won), and the remaining overdue interest amounting to 14,40,000 won, which is calculated at the rate of 1320,00 won per month from June 27, 2015 to the completion date of delivery of the real estate of this case.

In regard to this, the defendant asserts that the remaining overdue rent after deducting the rental deposit from the overdue rent is KRW 13.2 million. However, there is no evidence to acknowledge that the defendant paid the rent of KRW 1,200,000 (=14,400,000 - 13,200,000) in addition to the above rent amount recognized as the plaintiff. Thus, the above argument by the defendant is without merit.

Therefore, the plaintiffs' claims of this case are justified, and all of them are accepted, and it is so decided as per Disposition.

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