(영문) 인천지방법원 2020.11.11 2019나67305

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2020.11.11 2019나67305

손해배상(기)

Text

The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.

The defendant.

Reasons

1. The parties' assertion

A. On July 13, 2017, the Plaintiff acquired the ownership of the real estate listed in the separate sheet (hereinafter “instant real estate”).

Since the Defendant occupied the instant real estate without the authority to occupy it from July 13, 2017 to September 13, 2017, the Defendant is obligated to compensate the Plaintiff for damages equivalent to the rent for the period of two months.

B. The Defendant is divorced from C on January 11, 2017, and leaves the instant real estate after leaving the said real estate.

7. There is no possession of the instant real estate from March 13 to September 13, 2017;

2. Determination

A. According to each of the evidence Nos. 1 and 2, according to whether the Defendant occupied the instant real estate, the fact that the Defendant divorcedd on January 11, 2017 with C, and that the Defendant filed a move-in report on the instant real estate on March 18, 2016 and filed a move-in report with D Apartment and E on December 13, 2016 is recognized.

However, in full view of the following circumstances, it is reasonable to view that the Defendant occupied the instant real estate while residing in the instant real estate from July 13, 2017 to September 13, 2017.

Therefore, the Defendant is liable to compensate the Plaintiff for the amount equivalent to the rent during the period during which the instant real estate was occupied without permission.

① On August 30, 2017, the Defendant drafted a letter of commitment to the Plaintiff stating that “A principal is an occupant of the instant real estate, and by September 15, 2017, the Defendant promised to settle all taxes and public charges, such as management fees, electric charges, water charges, and gas charges, for the said real estate, and to instruct the return to the return and to pay KRW 5,00,000 as a penalty, if the principal fails to do so.”

If the Defendant moved out of the instant real estate, then the Defendant’s promise to bear KRW 5,00,000 is to bear the tax and public charges for the instant apartment and the instant real estate if not delivered.

유사 판례

-부산지방법원 2020.07.14 2019가단18057

-춘천지방법원 2018.05.02 2017나51034

-서울남부지방법원 2018.01.26 2017가단1350

-광주지방법원순천지원 2016.03.29 2015가단19340

-창원지방법원 2019.06.19 2018가단100895