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(영문) 수원지방법원안양지원 2017.11.30 2017가단3978
건물인도
Text

1. The defendant shall be the plaintiff.

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

B. From February 21, 2017: (a) from February 21, 2017

subsection (b).

Reasons

1. Basic facts - On December 31, 2014, the Defendant leased the said real estate from C, the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”) on December 31, 2014, by setting the deposit amount of KRW 2 million, monthly rent of KRW 250,000,000, monthly rent of KRW 2500,000, and monthly rent of payment date

(hereinafter referred to as “instant lease agreement.” After purchasing the instant real estate, the Plaintiff completed the registration of ownership transfer on November 9, 2016, and succeeded to the instant lease agreement.

However, as the Defendant did not pay the rent after the above succession, the Plaintiff terminated the instant lease agreement around March 6, 2017, with the Defendant’s delinquency in the rent.

After that, the defendant paid the plaintiff the rent of KRW 750,00 to the plaintiff around April 2017.

【Reasons for Recognition】 Each entry of Gap's evidence Nos. 2 and 7, the purport of the whole pleadings

2. According to the above facts, the instant lease contract was terminated on or around March 6, 2017 on the ground of the Defendant’s delay in rent, and thus, the Defendant transferred the instant real estate to the Plaintiff. From February 21, 2017 to February 20, 2017, KRW 750,000 paid by the Defendant was appropriated for rent from February 20, 2017 after the Plaintiff succeeded to the instant lease contract.

Until the delivery date of the above real estate, it is obligated to pay the amount of money calculated by the ratio of KRW 250,000 per month.

3. The plaintiff's claim of this case is accepted.

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