(영문) 수원지방법원성남지원 2014.12.23 2014가단16486

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(영문) 수원지방법원성남지원 2014.12.23 2014가단16486

토지 및 건물인도 등

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1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From October 4, 2014, 680,000 won and above.

Reasons

1. The following facts for determining the plaintiff's claim do not conflict between the parties, or can be acknowledged by adding the whole purport of the pleadings to the entries in Gap 1, 2, and Eul 2.

① In other words, on May 21, 201, the network C is ordered to the Defendant on May 21, 201.

The real estate (102) recorded in the port was leased 5 million won as security deposit, 300,000 won per month, and the period from June 4, 201 to June 3, 2013.

② On September 26, 2013, the Deceased died, and the Plaintiff, the wife of the Deceased, completed the registration of ownership transfer on November 6, 2013, based on inheritance by agreement and division.

③ From September 10, 201 to September 7, 2014, the Defendant paid 6,320,000 won out of the rent, and delays the payment of the rent.

According to the above facts, the defendant did not pay the rent for more than two years, and the plaintiff expressed his intention to terminate the above lease contract by filing the lawsuit of this case demanding the delivery of the above real estate to the defendant. Thus, the above lease contract is terminated after the termination.

Therefore, barring any other special circumstances, the Defendant is obligated to deliver the said real estate to the Plaintiff, and pay an amount equivalent to 6.80,000 won [12 million won (40 months x 3 million won) for 40 months from June 4, 2011 to October 3, 2014 - 6.220,00 won for the rent paid 6.3 million won for 40 months from June 4, 2011 and 5 million won from October 4, 2014 to October 3, 2014] and an amount equivalent to the rent calculated by the ratio of 300,000 won per month from the completion date of delivery of the said real estate as requested by the Plaintiff.

2. The Defendant’s assertion argues to the effect that, in addition to the fact that the Plaintiff was paid during rent, KRW 2 million and KRW 3 million were paid in cash to the Plaintiff after the death of the Deceased, around June 2013.

However, among the evidence B No. 2, it is not sufficient to admit the defendant's assertion only with the date and amount stated as the defendant's acceptance period, and there is no other evidence to

Rather, evidence Nos. 1, 3, 1, 2-3.

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