logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.10.28 2014나29978
건물인도
Text

1. Upon receiving a claim for change in exchange at the trial, the defendant shall pay 14,449,150 won to the plaintiff.

2...

Reasons

1. Scope of the judgment of this court;

A. In the first instance trial, the Plaintiff filed a claim for the delivery of the real estate indicated in the separate sheet against the Defendant (hereinafter “instant apartment”), the claim for the payment of overdue management fees from September 1, 2013 to June 11, 2014, and the claim for the payment of overdue rent and unjust enrichment equivalent to the rent from May 15, 2013 to the date of delivery of the instant apartment from May 15, 2013, and the claim for delivery of the instant apartment was wholly accepted, and the claim for payment of money was partially accepted.

B. The Plaintiff only appealed against the above judgment.

C. On August 10, 2014, after the Defendant rendered the first instance judgment, delivered the instant apartment to the Plaintiff and removed the said apartment.

Accordingly, the Plaintiff, from September 1, 2013 to August 10, 2014, confirmed the amount of the overdue loan and the amount of the unjust enrichment equivalent to the overdue loan from June 15, 2013 to August 10, 2014, and revised the claim.

Therefore, only a claim for management expenses in arrears from September 1, 2013 to August 10, 2014, a claim for overdue rent from June 15, 2013 to August 10, 2014, and a claim for unjust enrichment equivalent to the rent, are subject to the judgment of this court, and this part is to be determined only.

2. Basic facts

A. The Plaintiff is the owner of the instant apartment.

On July 11, 2008, the Plaintiff entered into a lease agreement with B with regard to the instant apartment (hereinafter “instant lease agreement”) with each of the following terms: (a) KRW 50,000,000, monthly rent 80,000, and the lease period from July 23, 2008 to July 22, 2010 (hereinafter “instant lease agreement”).

B. The defendant was transferred the right of lease to the apartment of this case from B.

C. On May 15, 2013, the Plaintiff entered into a sales contract with the Defendant for the sale of KRW 250,000,000 (25,000,000 on the date of the contract, intermediate payment of KRW 50,000 on June 20, 2013, and the remainder of KRW 175,00,000 on each payment on July 15, 2013) (hereinafter “instant sales contract”).

arrow