(영문) 수원지방법원 2016.06.09 2015나17316

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(영문) 수원지방법원 2016.06.09 2015나17316

건물인도 등

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On July 8, 2003, the Plaintiff entered into a lease agreement with the Defendant and the co-defendant C of the first instance trial (hereinafter “C”) on the rent of 200,000,000 square meters per month with respect to the (c) part of the ground assembly type panel building site housing of 69 square meters inside the ship (hereinafter “instant housing”), and on August 19, 2003, with the terms that the rent shall be paid by the Defendant (hereinafter “instant lease agreement”).

B. Since then, the instant lease agreement was implicitly renewed, and the Defendant was in arrears at the rent of April 5, 2008 and from April 19, 2009, and the rent of April 19, 2009. The Plaintiff served a preparatory document on the Defendant and C on September 30, 2014, indicating the intent to terminate the instant lease agreement. The said preparatory document was served on the Defendant on October 8, 2014, and on October 10, 2014, respectively.

C. C until now occupies 218 square meters inboard (b) and part (b) of paragraph (1) of this case’s Housing and Disposition (hereinafter “instant land”).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 3, 4, and 5 (including each number), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant agreed to pay the rent as a joint lessee of the instant lease agreement, barring any special circumstance, the defendant is obligated to pay the rent to the plaintiff as the lessor, and the rent from April 5, 2008 and April 19, 2009 to October 10, 2014, which is the date of termination of the instant lease agreement (=20,000 wonx (672/30), less than KRW 666).

3. Judgment on the defendant's defense

A. The Defendant’s defense that the Defendant’s monthly rent claim based on the instant lease agreement applies three years of extinctive prescription. The Defendant’s defense that occurred three years prior to the filing date of the instant lawsuit was extinguished by extinctive prescription.

B. According to Article 163 subparag. 1 of the Civil Act, the interest is as follows.

참조조문

-민법 제163조 제1호

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