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(영문) 의정부지방법원고양지원 2017.06.14 2016가단4184
건물명도 등
Text

1. The Defendant (Counterclaim Plaintiff) is entitled to KRW 29.9 million against the Plaintiff (Counterclaim Defendant) and against this, from September 27, 2016 to June 14, 2017.

Reasons

1. On May 14, 2013, C entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting a deposit of one million won, five million won for a down payment, five million won for a monthly rent, five hundred thousand won for a rent, and the lease period on May 31, 2014, with respect to the real estate indicated in attached Table 1 (hereinafter “instant real estate”).

At the time of the above lease agreement, the Defendant paid the deposit (contract deposit) five million won, and the remainder deposit of five million won was agreed to pay by July 15, 2013. The Defendant did not pay it, and the Defendant did not pay it as the monthly rent after July 2013.

On July 18, 2013, and July 15, 2013, the Plaintiff notified the Defendant of the termination of the contract on the ground that it did not pay five million won in the balance of the deposit by July 15, 2013, and that it reached the Defendant on July 19, 2013.

On May 4, 2012, the Plaintiff, as C’s child, completed the registration of ownership transfer on the instant real estate in the future of the Plaintiff on December 10, 2015, on the ground that C was subject to consultation division after his death.

On July 1, 2016, the Defendant delivered the leased object of this case to the Plaintiff.

The results of appraisal by appraiser D on the leased object of this case are as shown in attached Form 2.

【Ground for Recognition: Records and images (including, if any, numbers) of Gap evidence 1 to 17, Eul evidence 1 to 2, and the result of the appraisal of appraiser D of this court

2. The parties' assertion

A. The Plaintiff’s assertion is that the Defendant occupied the remainder, excluding the object of lease, on the instant land’s ground floor, from November 1, 2013 to June 30, 2016, without permission. As such, the Defendant is obliged to pay a total of 32 million won (one million won per month x 32 months) for the damages equivalent to the rent.

In addition, from July 1, 2013 to July 1, 2016, an obligation to pay the aggregate of KRW 1,717,000 for monthly rent from July 1, 2016, which ordered the leased object of this case, and to pay KRW 4,460,00 for restitution costs.

Therefore, it is necessary.

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