(영문) 수원지방법원평택지원 2017.09.08 2017가단53529

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(영문) 수원지방법원평택지원 2017.09.08 2017가단53529

건물명도(인도)

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1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From September 15, 2016, the above buildings are located.

Reasons

1. Basic facts

A. On July 10, 2016, the Plaintiff: (a) sold the building listed in the separate sheet (hereinafter “instant building”) to KRW 135 million; (b) paid 600,000 won out of the purchase price on the contractual date; and (c) agreed to pay the remainder on August 18, 2016; (b) the Plaintiff delivered the instant building to the Defendant before the remainder payment date to use it; (c) provided that deposit shall be paid KRW 5 million; and (d) the monthly rent shall be paid KRW 65,000,000; and (c) the Defendant agreed to pay the Plaintiff interest that the Plaintiff shall pay to the lending institution each month (hereinafter “instant contract”).

B. On July 15, 2016, the Plaintiff handed over the instant building to the Defendant.

C. On July 21, 2016, the Defendant paid KRW 5 million to the Plaintiff, and the same year.

8. 30. 865,000 won (=600,000 won) paid KRW 265,000 on July 6, 199.

As the Defendant did not perform the obligation to pay the remainder or the monthly rent under the instant contract, the Plaintiff notified the Defendant of the performance of his/her obligation and received the commitment two times on October 18, 2016.

E. On April 20, 2017, a duplicate of the instant complaint stating the Plaintiff’s intent to rescind or terminate the instant contract due to the Defendant’s nonperformance reaches the Defendant.

[Ground of recognition] The fact that there is no dispute, Gap's 1 or 5 evidence (including additional number), the fact that it is obvious to this court, and the purport of whole pleading

2. Determination on the cause of the claim

A. As the cause of the instant claim, the Plaintiff: (a) cancelled the sales contract part of the instant contract due to the Defendant’s nonperformance; and (b) terminated the lease contract part; (c) sought delivery of the instant building to the original state following the cancellation of the sales contract; (d) sought reimbursement of the unpaid monthly rent or unjust enrichment equivalent to the unpaid rent from September 15, 2016 to the completion date of delivery of the said building; and (c) separate portion of the interest payment agreement.

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