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(영문) 수원지방법원안양지원 2019.05.31 2018가단10423
건물명도(인도) 등
Text

1. The defendant shall be the plaintiff.

(a) Of the real property listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. On March 20, 2016, the Plaintiff and the Defendant order No. 1-A.

As to the building mentioned in paragraph (1) (hereinafter “instant building”), a lease deposit of KRW 5 million was concluded from March 20, 2016 to March 20, 2018, and a lease contract of KRW 550,000 for monthly rent (hereinafter “instant contract”).

B. However, until November 19, 2018, the Defendant did not pay the Plaintiff the monthly rent of KRW 1,150,000 to the Plaintiff according to the instant contract.

C. The instant contract was terminated on the grounds of the expiration of the period or the Defendant’s monthly overdue charge.

The defendant did not return the key of the building of this case to the plaintiff until now, and the defendant's home appliances remain in the building of this case.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the Plaintiff the amount calculated by applying the rate of KRW 6,550,000 per month from November 20, 2018 to the completion date of delivery of the instant building.

B. The Defendant asserted that the Plaintiff incurred damages due to the failure to perform the repair works for the instant building, but there is no evidence to acknowledge this.

3. Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.

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