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(영문) 수원지방법원안양지원 2017.09.01 2016가단115508
건물명도
Text

1. The Defendants shall indicate the attached drawings among the real estate listed in the attached list to the Plaintiff, (1), (2), (3), (4), (5), (7), and (8).

Reasons

1. Facts of recognition;

A. On September 29, 2014, the Plaintiff entered into a contract with Defendant B to lease the instant housing (hereinafter “instant lease contract”) with a deposit amounting to KRW 10 million from October 10, 2014 to October 9, 2016, monthly renting KRW 700,000,000, monthly management expenses, and monthly management expenses (hereinafter “instant lease contract”).

B. Defendant C and his children were transferred from the Plaintiff on October 5, 2014 the possession of the instant house.

B. On August 12, 2016, the Defendants failed to pay two or more rents, and the Plaintiff urged the Defendants to pay unpaid rents, management fees, and water charges, and sent documents to the Defendants by content-certified mail to the effect that they did not intend to extend the contract after the expiration of the instant lease agreement. The said mail reached the Defendants around that time.

C. Monthly rent and management expenses in arrears until October 9, 2016, which are the termination date of the instant lease agreement, are KRW 12,940,000, and water rates are KRW 489,000.

Defendant C occupied and used the instant house until the date of closing the argument in this case, and unpaid KRW 128,00 from October 10, 2016 to July 4, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the instant lease agreement is deemed to have expired on October 9, 2016. Thus, barring any special circumstance, the Defendants are obligated to deliver the instant house to the Plaintiff, and to pay 3,429,000 won, deducting deposit KRW 13,429,000 from the total amount of unpaid rent and management expenses, water rate of KRW 13,429,00,000 during each of the instant lease agreement, and delay damages therefrom. Defendant C is obligated to pay 128,000 won at unpaid water rate from October 10, 2016 to July 4, 2017, and delay damages therefrom, and the amount equivalent to the rent from October 10, 2016 to the expiration date of the instant lease agreement.

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