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(영문) 수원지방법원 안산지원 2018.07.06 2018가단54456
건물명도(인도)
Text

1. From April 17, 2018 to the completion date of delivery of real estate stated in the separate sheet, the Defendant from KRW 10,000,000 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 28, 2017, C and D leased the real estate listed in the separate sheet (hereinafter “instant housing”) to the Defendant as KRW 10,000,000, monthly rent of KRW 500,000, and the lease period of April 27, 2019 (hereinafter “instant lease contract”). The Defendant granted C and D the lease deposit of KRW 10,000,000 at that time.

B. The Plaintiff purchased the instant house from C and D on May 8, 2017, and completed the registration of ownership transfer on June 2, 2017.

C. On June 16, 2017, the Defendant paid only one-month rent of KRW 500,000 to the Plaintiff, and did not pay it. On March 20, 2018, the Plaintiff notified the Defendant of the termination of the instant lease on the ground that the instant lease was not paid for nine-month rent, and the notice of termination reached the Defendant around that time.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-3, the purport of the whole pleadings

2. According to the facts of the determination on the cause of the claim, the instant lease agreement was terminated upon the Plaintiff’s arrival of the Defendant. Thus, barring any special circumstance, the Defendant is obligated to deliver the instant house to the Plaintiff, barring any special circumstance.

However, the Plaintiff paid the remainder of the money calculated by deducting the amount calculated at the rate of KRW 500,00 per month from April 17, 2018, which is the date of the final rent of KRW 10,000,000, which is the date of the occurrence of the lease deposit to be returned to the Defendant, from the person who paid the rent incurred by the Defendant until April 16, 2018 after the instant lawsuit was filed, and at the same time demanded the delivery of the instant house. Therefore, the Defendant is obliged to receive the said money from the Plaintiff and deliver the said house at the same time.

3. Determination on the defense, etc.

A. As to this, the Defendant delayed payment due to the lack of reasonable conviction in the process of transferring the ownership of the instant house to the Plaintiff.

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