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(영문) 수원지방법원성남지원 2014.11.20 2014가단6267
건물인도 등
Text

1. Defendant B:

A. At the same time, the Plaintiff received KRW 600,000 from the Plaintiff and at the same time the real estate stated in the attached Table is stated in the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 8, 2012, the Plaintiff, as the owner of the instant real estate, leased the instant real estate to Defendant B by setting the lease deposit of KRW 20 million, KRW 19 million for monthly rent of KRW 1.9 million (in total, KRW 22.8 million for a year), and the period from December 8, 2012 to December 7, 2014 for lease.

(hereinafter “instant lease agreement”). On November 8, 2012, Defendant B paid the Plaintiff KRW 20 million of the said lease deposit and KRW 20 million of the said monthly rent, respectively, to the Plaintiff.

B. Defendant B occupied the instant real estate on November 23, 2012 with the Plaintiff’s approval.

However, Defendant B did not pay an additional monthly rent in addition to the above 20 million won paid in advance.

C. On February 25, 2014, the Plaintiff notified Defendant B of the termination of the instant lease agreement on the grounds of the unpaid monthly rent by mail with content-certified mail, and the said notification was served on the 27th day of the same month.

At present, Defendant C and Defendant D are also residing in the instant real estate as the parents of Defendant B.

E. One million won out of the cost that Defendant B attempted to learn the living room of the instant real estate is beneficial cost and 500,000 won out of the cost is an increase in its value.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, 13, 14, 15, Eul evidence Nos. 2, 20 and 21, the purport of the whole pleadings

2. In full view of the facts acknowledged as above and Defendant B’s simultaneous performance defense, Defendant B is obligated to receive 600,000 won (20,000 won + monthly rent of 20,000 won + monthly rent of 20,000 won + 39,90,000 won + 5,000,000 won in the present case) from the Plaintiff and deliver the instant real estate to the Plaintiff at the same time upon receipt of payment of monthly rent for 21 months from December 8, 2012 to September 7, 2014. From September 8, 2014 to the completion date of delivery of the instant real estate, the Plaintiff is obligated to pay unjust enrichment equivalent to the monthly rent of 1,90,000 won.

The plaintiff is seeking to be the monthly rent from November 23, 2012, which actually moved into by the defendant B. However, according to the records, the defendant B is earlier than the commencement date of the contract as the plaintiff's title.

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