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(영문) 창원지방법원진주지원 2016.12.08 2015가단36606
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the Schedule;

(b) KRW 18,400,000 and this shall apply thereto.

Reasons

Basic Facts

C On November 8, 1972, acquired the ownership of a store listed in the attached sheet (hereinafter “instant store”) and maintained the said lease (hereinafter “the instant lease”) by leasing it to the Defendant’s husband D with the renewal of the lease contract.

On November 24, 2008, the Plaintiff acquired the ownership of the instant real estate from C, an Arabic land.

The network D died around March 13, 2014, and the Defendant, the spouse of the network D, uses the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, and plaintiff's assertion of the purport of the whole pleadings by the parties C, on November 30, 1995, the lease term of 24 months of the lease term, 200,000 won of the lease deposit, and 300,000 won of the rent month, were renewed. The plaintiff and the defendant succeeded to the status of the parties to the lease of this case entered into between C and the network D, respectively.

However, the Plaintiff acquired the ownership of the instant real estate from November 2009 to November 2015, 2015, which was to be received from the network D and the Defendant (hereinafter “Defendant, etc.”) for 24,90,000 won (=300,000 won monthly rent x 83 months). However, the Defendant, etc. did not pay only the Plaintiff a total of KRW 6,30,000,000.

The Plaintiff terminated the lease of this case by the delivery of the duplicate of the complaint of this case. As such, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the Plaintiff the amount calculated by applying the rate of KRW 300,00 per month from December 1, 2015 to the completion date of delivery of the instant real estate, which is the sum of KRW 18,60,000 (=24,900,000 for rent for 83 months from December 2009 to November 2015) and KRW 6,300,000 for the unpaid rent for 83 months from December 1, 2015.

The defendant's assertion D around 197 leased the real estate of this case from C in KRW 10,00,000, monthly rent of KRW 300,000, and the lease continued to be renewed and reduced to KRW 200,000 from September 197, and the deposit was 30,000 from December 2, 200.

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