(영문) 수원지방법원성남지원 2019.11.26 2018가단230655

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(영문) 수원지방법원성남지원 2019.11.26 2018가단230655

건물명도(인도)

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1. At the same time, the Defendant receives KRW 4,500,000 from the Plaintiffs, and at the same time, Gwangju City Do 891 square meters and its amount.

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole in the entries and images of Gap evidence 1 to 4, and 8, as a whole.

Around May 2004, the network E (hereinafter referred to as “the deceased”) acquired the ownership of the instant real estate.

B. The Deceased died on March 31, 2017, and the Plaintiffs, the inheritor, inherited each of the shares of 1/2 regarding the instant real estate.

C. At present, the real estate in this case is loaded by the defendant's animals.

2. Summary of the parties’ assertion

A. On July 22, 2016, the deceased’s summary of the Plaintiffs’ assertion entered into a lease agreement with the Defendant on the instant real estate as “Deposit 5,00,000 won, monthly rent 50,000 won,” and delivered the instant real estate on the same day to the Defendant. The Defendant paid only KRW 500,000 out of the above deposit, and without paying the remainder deposit and monthly rent, occupies and uses the instant real estate until now without paying the monthly rent. The Defendant notified the intention to terminate the said lease by serving a duplicate of the complaint of this case.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiffs, and pay 12,00,000 won in total (the rent from July 22, 2016 to August 21, 2016 shall be deducted from the base payment deposit to August 21, 2016) and damages for delay after August 22, 2018, calculated at the rate of 50,000,000 won from August 22, 2018 to August 22, 2018.

B. It is true that the Defendant’s assertion is a person running a waste disposal and recycling business (hereinafter “instant business”), and that around July 2016, the Defendant entered into a lease agreement with the Deceased on the instant real estate and paid KRW 500,000 as part of the deposit money.

However, the terms of the contract are 5,000,000 won, monthly 400,000, contrary to the allegations of the plaintiffs.

유사 판례

-수원지방법원성남지원 2019.11.26 2018가단230655

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-대전지방법원천안지원 2019.02.27 2018가단112778

-서울북부지방법원 2016.11.10 2013가합22762

-청주지방법원 충주지원 2018.08.23 2018가단56