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(영문) 광주지방법원목포지원 2017.04.19 2016가단54603
건물명도
Text

1. The defendant shall be the plaintiff.

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

(b) As from September 4, 2016, KRW 441,00 and above.

Reasons

1. Basic facts

A. On August 27, 2015, the Plaintiff is the owner of the instant real estate, who was awarded a successful bid for the real estate indicated in the separate sheet (hereinafter “instant real estate”) during the public sale process, and completed the registration of ownership transfer on September 4, 2015 by the Gwangju District Court Branch Branch Decision 38346.

B. The Defendant, as the mother of Nonparty C, who was the previous owner of the instant real estate, completed the move-in report on the instant real estate on March 14, 2014 and is residing in the instant real estate so far.

C. Around May 2016, the Plaintiff and the Defendant agreed to enter into a lease agreement by setting the lease deposit amount of one million won per annum and one million won per annum with respect to the instant real estate. However, the Defendant did not pay the said money. Around June 4, 2016, the Plaintiff demanded the Defendant to immediately pay the said money to the Defendant, and filed the instant lawsuit on October 4, 2016.

On November 7, 2016, the Defendant paid KRW 1 million to the Plaintiff.

The amount equivalent to the rent from September 4, 2015 to September 3, 2016, is KRW 1,441,000, and the amount equivalent to the rent after September 4, 2016, is KRW 116,729.

[Ground of Recognition: Facts without dispute, Gap 1-3 evidence, Eul 1 and 2 evidence, the result of the commission of the fee appraisal to the branch office of the Pacific Appraisal Corporation, the Pacific Appraisal Corporation, 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, the owner of the instant real estate, barring special circumstances. 2) As to this, the Defendant and the Plaintiff concluded a lease agreement on the instant real estate around November 2016, and accordingly, the Defendant asserts that there exists a legitimate title to occupy the instant real estate.

In the case of the instant real estate on or around May 2016, the Plaintiff and the Defendant are KRW 1 million per annum and KRW 1 million per annum.

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