(영문) 의정부지방법원 고양지원 2018.06.21 2017가단20756

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 고양지원 2018.06.21 2017가단20756

건물명도

Text

1. The defendant delivers to the plaintiff the real estate stated in the attached list, and from December 19, 2016 to the completion date of delivery, 400.

Reasons

1. Facts of recognition;

A. On January 6, 2016, the Plaintiff’s mother C entered into a lease agreement on behalf of the Plaintiff with the Defendant (the Defendant’s mother D) and real estate listed in the separate sheet (hereinafter “instant housing”) on behalf of the Plaintiff, with the content of KRW 24 months from January 19, 2016, deposit deposit amounting to KRW 5,000,000, rent amounting to KRW 400,000 per month. The Defendant is transferred and used by the Defendant.

(A) Although the Defendant asserts that it is difficult for the lessor to specify, the Plaintiff is the lessor in consideration of the fact that part of the copy of Gap evidence 5, the deposit money, and the rent was deposited into the Plaintiff’s account.

The Defendant did not pay rent in May and June 2016, and paid rent again from July 2016 to non-permanently, but did not pay rent after the payment of KRW 400,000 on June 24, 2017.

If the above rent is appropriated in sequence, the defendant does not pay the rent from December 19, 2016.

C. On September and October 2017, the Plaintiff notified the Defendant of the termination on the ground that the rent was overdue at least twice.

D filed a lawsuit against a party member C for lease deposit 2017 Ghana 37017.

[Ground for Recognition: Evidence No. 11 to 11, All purport of oral argument]

2. The assertion and judgment

A. According to the above facts, the Defendant is obligated to deliver the instant house to the Plaintiff on the grounds of the termination of the delayed payment of rent and the termination of the contract period on at least two occasions, and to pay 400,000 won per month from December 19, 2016 to the completion date of delivery.

B. The defendant alleged that the plaintiff cannot respond to the plaintiff's claim because the boiler and tent of the house of this case are damaged due to water leakage. However, the defendant's assertion is without merit since it cannot prevent the plaintiff's claim on the sole basis of these reasons.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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