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(영문) 의정부지방법원고양지원 2017.06.28 2017가단2796
건물명도
Text

1. The Plaintiff:

A. The Defendants deliver the buildings listed in the separate sheet, and leave the building from the building.

(b) the defendant.

Reasons

1. On August 13, 2015, the real estate listed in the attached list of the basic facts (hereinafter “instant real estate”) owned by the Plaintiff. On August 13, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant B by setting the deposit amount of KRW 1.5 million and the rent of KRW 8.5 million between the Plaintiff and the Defendant during the contract period by September 6, 2017.

As of May 7, 2017, Defendant B did not pay 9,491,66 won in total for at least 11 months, and the apartment management fee of KRW 2400 and the urban gas fee of KRW 502,40 is overdue.

Defendant C made a move-in report on the instant real estate and resides together with Defendant B.

【Ground for Recognition: Each entry of Gap evidence 1 through 10 (including, if any, a serial number) and the purport of the whole pleading

2. According to the above facts of recognition, the Defendants are obligated to deliver the buildings listed in the separate sheet, leave the buildings, and Defendant B is obligated to pay the money calculated by the ratio of KRW 850,000 per month from May 7, 2016 to the date the delivery is completed, and KRW 504,630 per month.

As to this, the Defendants asserted to the effect that the Plaintiff’s claim should be dismissed in accordance with the good faith principle, and that the balance of the deposit remains taking charge of the tight monthly income. However, as long as Defendant B has been in arrears several times, even if the balance of the deposit exists, the Defendants are liable to deliver the instant real estate and to withdraw, so the Defendants’ assertion is without merit.

3. According to the conclusion, the plaintiff's claim of this case is reasonable.

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