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(영문) 의정부지방법원고양지원 2016.07.06 2015가단85438
건물명도
Text

1. The defendant shall pay KRW 4,232,730 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. On February 201, the Plaintiff entered into a lease agreement with the Defendant on the housing located C at the time of strike.

(Deposit) KRW 3 million, monthly rent of KRW 200,000, and the lease term from April 10, 2011 to April 10, 2013). The Defendant was not paid monthly rent, and the Defendant paid KRW 3.9 million out of the rent of KRW 1 million between April 10, 201 and August 10, 201.

On August 10, 2015, the defendant ordered the above house.

The unpaid rent of KRW 7,232,730, the sum of KRW 173,350,000, the electricity rent of KRW 6,50,000, the sum of KRW 559,380,000, shall be as follows:

【Ground for Recognition: Each entry of Gap evidence Nos. 1 through 3 and the purport of the whole pleadings】

2. According to the above facts of recognition, the defendant is obligated to pay the plaintiff the sum of the rent, electricity, and water taxes that are not paid to the plaintiff, except in extenuating circumstances.

In this regard, the defendant entered the above house, and paid 7.5 million won as repair cost because the house is backward, and the above money should be paid.

In the middle of July 2015, 10.2 million won was unpaid, and deposit money was deducted more than three million won, the unpaid rent is 3.3 million won, and when the defendant deducts the expenses paid at the repair cost, 4,026,650 won should be paid.

The evidence submitted by the Defendant alone is difficult to recognize whether the date on which the above house was ordered is difficult to be considered in the middle of July 2015, and whether the repair cost was paid at the intervals of the Plaintiff.

However, the defendant's argument that three million won should be deducted is with merit.

Therefore, the defendant is obligated to pay 4,232,730 won (7,232,730 won-3,000,000 won) to the plaintiff.

3. According to the conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition.

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