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(영문) 대전지방법원 서산지원 2018.10.02 2018가단2891
건물명도등
Text

1. Of the instant lawsuit, the part of the claim for appraisal costs is dismissed.

2. The Defendants are at KRW 16,400,000, E, the Plaintiff.

Reasons

1. Basic facts

A. On July 26, 2015, the Plaintiff concluded a lease agreement to lease the instant housing owned by the Plaintiff to E (hereinafter “instant lease agreement”) with a deposit amount of KRW 20 million from July 26, 2015 to July 26, 2017, and a rent of KRW 400,000 per month (payment on July 5, 201).

B. Defendant C is the wife of E, and Defendant D is the child of E and Defendant C.

The Defendants have resided in the instant housing since August 2015.

C. Around May 2017, the Plaintiff returned KRW 2 million out of the deposit to E.

On September 5, 2017, the Plaintiff filed a lawsuit against E and the Defendants on the claim for the name of the building (Seoul District Court Decision 2017Ma4623, Seosan Branching the Daejeon District Court), and withdrawn the said lawsuit only to the Defendants. On July 10, 2018, the judgment was rendered that “E receives the Plaintiff the money calculated by subtracting the amount calculated by the ratio of KRW 400,000 from KRW 16,40,000 to KRW 16,40,000 from October 5, 2017 to the completion date of delivery of the instant house, and at the same time, deliver the instant house to the Plaintiff.”

E appealed from the above judgment and is currently pending in the appeal court.

(The grounds for recognition) / [The grounds for recognition] Gap 1 to 3 and 8 evidence (including each number), the purport of the whole pleadings and the purport of the whole pleadings

2. Since the Plaintiff’s assertion termination of the instant lease agreement, the Defendants are obligated to deliver the instant housing to the Plaintiff and pay the Plaintiff the cost of restoring remote areas, appraisal cost, unpaid rent, and unjust enrichment equivalent to the rent.

3. Determination

A. The Plaintiff’s determination as to the legitimacy of the claim for appraisal costs as to the Defendants’ claim for KRW 4.4 million for the appraisal costs of the Daejeon District Court Branching 2017Kadan4623 case. However, the Defendants are not parties to the instant case, and the said appraisal costs are subject to the final litigation costs of the instant case, and thus there is no benefit to file a lawsuit.

The plaintiff's claim for this part is unlawful.

B. The Defendants determined as to the claim for delivery of the instant housing.

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