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(영문) 대전지방법원천안지원 2019.02.27 2018가단112778
건물명도(인도)
Text

1. The Plaintiff:

A. The Defendants deliver the real estate listed in the separate sheet;

B. Defendant C shall be KRW 2,108,480 and April 2018.

Reasons

1. Facts of recognition;

A. On October 2, 2016, D entered into a lease agreement with Defendant B, with the content that the real estate listed in the separate sheet (hereinafter “instant real estate”) was leased to Defendant B for two years from November 1, 2016, by setting the deposit amount of KRW 5,000,000, monthly rent of KRW 400,000, and the period of rent of KRW 400,000.

B. On July 1, 2017, prior to the expiration of the above lease agreement, the Plaintiff entered into a lease agreement with Defendant C, stipulating that the instant real estate is leased as KRW 5,000,000, monthly rent of KRW 400,000, and one year from July 20, 2017 (hereinafter “instant lease agreement”).

Defendant C paid KRW 5,00,000 to Defendant C, and the Plaintiff subsequently decided to return the deposit to Defendant C.

C. Defendant B had Defendant C use the instant real property on his own property, and Defendant C occupied the instant real property.

Defendant C did not pay management fees of KRW 1,108,480, without paying the rent from August 2017.

[Reasons for Recognition: Unsatisfy, Evidence No. 1-5 of Gap evidence, the purport of the whole pleadings]

2. Determination

A. According to the above facts finding as to the claim against Defendant B, Defendant B is obligated to deliver the above real estate to the Plaintiff, since the above real estate was occupied by having his own animals on the instant real estate.

B. According to the facts found in the determination as to the claim against Defendant C, since the instant lease agreement was terminated upon the expiration of the period, Defendant C is obligated to deliver the instant real estate to the Plaintiff. From August 20, 2017 to August 20, 2017, the Plaintiff stated that “from August 20, 2017,” the Plaintiff was unpaid as from August 20, 2017, in light of the starting point of the period of the instant lease agreement.

) The unpaid rent of KRW 6,000,000 (= monthly rent of KRW 400,000) x 15 months x the deposit of KRW 5,00,000 shall be deducted from November 19, 2018.

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