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(영문) 수원지방법원여주지원 2016.08.25 2016가단1689
건물명도등
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

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

(b) KRW 800,000;

Reasons

1. On April 11, 2011, the Plaintiff’s decedent C leased real estate listed in the separate sheet (hereinafter “instant housing”) to the Defendant on the basis of the fact that: (a) the deposit was KRW 5 million; (b) the period from April 30, 201 to April 30, 201; (c) the rent was KRW 400,000 won per month; and (d) the rent was paid on the 30th day of each month.

On June 6, 2011, the Plaintiff is the inheritor of C, and completed the registration of ownership transfer concerning the instant housing on November 18, 201 due to inheritance by consultation division.

On October 21, 2015, the Defendant paid the rent of October 2014, November 2014, and KRW 1 million among the rent of December 2014, and December 2014, and did not pay the Plaintiff a rent thereafter, and is residing in the instant house.

On November 18, 2015, the Plaintiff notified the Defendant that the instant lease contract will be terminated with the Defendant’s vehicle delay.

The monthly rent of the instant lease agreement was converted into KRW 400,000,000, and the Defendant’s unjust enrichment equivalent to the rent or rent in arrears by March 29, 2016 is a total of KRW 5.8 million.

[Reasons for Recognition] Facts without dispute between the parties, Gap evidence 1, Gap evidence 3, Gap evidence 4-1 and 2, the purport of the whole pleadings

2. Judgment on the plaintiff's main claim

A. According to the above facts, the instant lease agreement was terminated on November 18, 2015 by the Plaintiff’s notice of termination due to the Defendant’s delay in rent, and thus, the Defendant is obligated to deliver the instant house to the Plaintiff, pay KRW 80,000,000 after deducting the deposit deposit of the instant lease agreement from KRW 5,80,000,000,000,000,000,000,000 from March 30, 2016 to the completion date of delivery of the instant house, as sought by the Plaintiff.

B. Since the Plaintiff demanded the Defendant to raise the rent by KRW 450,000 per month on January 2015, the Defendant is the difference between May 1, 2015 and 50,000 per month.

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