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Reasons
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(영문) 수원지방법원안산지원 2014.10.15 2013가단34068
건물명도
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1. The defendant shall pay 487,500 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of lawsuit: 9.0

Reasons

1. Basic facts

A. On September 4, 2008, C, the Plaintiff’s decedent, entered into a lease agreement between the Defendant and the instant real estate amounting to KRW 20,000,000, KRW 1,350,000 per tea (including value-added tax, cleaning expenses, and prepaid payment on September 9, 2008), and the lease term from September 9, 2008 to September 9, 2010, and thereafter, delivered the instant real estate to the Defendant.

B. Around September 2010, when the term of the above lease agreement expires, the Defendant agreed to extend the said lease agreement to KRW 1,500,000 per month.

(hereinafter “instant lease agreement” including the initial and modified lease agreement on the instant real estate.

C Deceased on October 6, 2011, the heir was the Plaintiff, D, E, F, and G at the time, but the heir was 65/200 of the Plaintiff’s share among the instant real estate, D, and E, 45/200 of the shares, and F divided the inherited property by holding 27/200 of shares, and G divided the inherited property by holding 18/200 of shares. Accordingly, the ownership transfer registration was completed on April 9, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-4, Eul evidence 5, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s determination on the ground of the claim for the unpaid rent of KRW 1,350,00 as to the instant lease agreement from October 2008 to February 2009, respectively; KRW 50,000 as to the instant lease agreement; KRW 150,000 from October 2010 to December 2010; and KRW 8,750,000 as to the unpaid rent of KRW 8,750,000 as to the unpaid rent of KRW 8,750,00,000, respectively; thus, the Defendant is obligated to pay the Plaintiff KRW 2,843,750 based on the Plaintiff’s inheritance shares, among the above unpaid rent of KRW 8,750,00,00, the Plaintiff’s decedent C and the Defendant concluded the instant lease agreement with the Defendant, from September 1, 209 to December 209.

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