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(영문) 수원지방법원안양지원 2016.05.27 2015가단18327
건물인도 등
Text

1. The defendant shall be the plaintiff.

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

(b) KRW 2,234,850 and this shall apply thereto.

Reasons

1. Determination on the cause of the claim

A. On September 13, 2013, the Plaintiff leased the instant real estate to the Defendant by setting the deposit of KRW 15,00,000, monthly rent of KRW 1,400,00, and the lease period from October 1, 2013 to September 30, 2015; the Plaintiff’s lease of the instant real estate from October 1, 2013 to September 30, 2015; the Plaintiff’s lease of the said real estate for seven months, namely, the vehicle for which the Defendant had not paid by the expiration date of the said period; and the fact that the unpaid management expenses were 7,434,850, etc. do not conflict between the parties; or may be recognized by comprehensively taking into account the overall purport of the pleadings as stated in

According to the above facts, since the above lease contract has expired on September 30, 2015, the defendant is obligated to deliver the real estate of this case to the plaintiff, and to pay 2,234,850 won (=7,434,850 won - 15,000 won) remaining after deducting deposit of 15,000,000 won from the overdue rent and unpaid management expenses (i.e., 9,800,000 won - 15,000 won), and to pay the money calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from November 27, 2015 to the date of complete payment, which is the day following the delivery of a copy of the complaint of this case.

B. Furthermore, the Plaintiff sought the amount calculated at the rate of KRW 1,400,000 per month from the day after the termination date of the lease to the day when the delivery of the instant real estate is completed. However, there is no evidence to prove that the Defendant used the instant real estate in accordance with its original usage.

This part of the argument is without merit.

In addition, the plaintiff sought reimbursement of KRW 1,800,000 with the cost of restoring the real estate in this case. However, it is not sufficient to recognize the cost solely with the statement in Gap evidence 7, and there is no other evidence.

This part of the argument is without merit.

2. On April 2015, the Defendant: (a) delivered the instant real estate to the Plaintiff on or around April 2015; and (b) around April 2015, the said lease contract was terminated; (c) thus, the Plaintiff’s duty to return the unpaid rent, management fee, and the remainder of the deposit, deducted from the management fee, and the Defendant’s duty to deliver the building

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