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Reasons
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(영문) 의정부지방법원 고양지원 2021.01.20 2020가단85203
건물인도
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Defendant B pays KRW 244,340 to the Plaintiff. 2. The Plaintiff’s claim against Defendant C is dismissed.

3. The costs of the lawsuit;

Reasons

1. Facts of recognition;

A. On July 9, 2019, the Plaintiff entered into a contract with Defendant B to lease the instant apartment E (hereinafter “instant apartment”) with the deposit of KRW 5 million, monthly rent of KRW 5,300,000,000,000,000,000 from July 17, 2019 to July 16, 2020, and delivered the instant apartment to the Defendant B.

B. From September 2019, Defendant B did not pay a rent, and the Plaintiff expressed his intent to terminate the instant lease agreement through the instant complaint to Defendant B on the grounds of delinquency in rent. The duplicate of the instant complaint was served on Defendant B on July 1, 2020.

(c)

As of June 20, 2020, Defendant B did not pay the rent and management fee of KRW 244,340,000 after deducting the deposit amount of KRW 5 million.

[Ground for recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the claim against Defendant B, Defendant B is obligated to pay the Plaintiff the rent and management fee of KRW 244,340 in arrears.

B. As to the claim by Defendant C, the Plaintiff is obligated to pay a total of KRW 490,869 won and delayed damages on the premise that the Defendant C occupied the apartment of this case from June 18, 2020 to July 9, 2020, which was the date of the withdrawal of Defendant C, which the Plaintiff asserted that the instant lease contract was terminated.

The argument is asserted.

However, it is difficult to recognize that Defendant C occupied the instant apartment from June 18, 2020 to July 9, 2020 only with the evidence submitted by the Plaintiff, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's above assertion on a different premise is without merit.

3. Thus, the plaintiff's claim against the defendant B is justified, and the claim against the defendant C is without merit.

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