logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.12.31 2018가단227251
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) received KRW 26,861,856 from the Plaintiff (Counterclaim Defendant) simultaneously.

Reasons

1. In fact, the Plaintiff (the title holder: C) is the right holder of 60/100 of the buildings listed in the separate sheet (hereinafter “instant building”) and the land on the ground (hereinafter “instant real estate”), and D is the right holder of 40/100 of the instant real estate.

The Plaintiff and D jointly purchased the instant real estate, including the instant building, where the Defendant (her husband was in fact) had been newly built, from the Defendant, and completed the construction of the instant building on April 25, 2017, and the registration of ownership preservation was made in the Plaintiff and D in the future on April 25, 2017, and the purchase price was not fully paid. On April 28, 2017, the Plaintiff and D leased the three-story housing of the instant building (hereinafter “instant housing”) between the Defendant and the Defendant for rent of KRW 120 million and resided in the Defendant, and agreed to substitute for the payment of the lease deposit money of KRW 20 million for the instant commercial building of KRW 91.72 square meters on the first floor of the instant building (hereinafter “instant commercial building”).

On July 2017, at the request of the defendant faced with financial difficulties, the Plaintiff returned KRW 50 million out of the deposit for the lease on the instant housing as KRW 12,00,000,000 to KRW 70,000,000,000,000 in lieu of the deposit for lease, and the monthly rent of KRW 500,000,000 shall be paid to the Plaintiff. On July 11, 2017, the Plaintiff and D, and the Defendant entered into a lease agreement for the instant housing as of KRW 70,00,000,000, monthly rent of KRW 50,000,000, and the lease period from July 11, 2017 to July 10, 2019 (hereinafter “instant lease agreement”).

At the time of the instant lease agreement, the Defendant, and D agreed to change the lease to the lease on a deposit basis if the Defendant settled the total amount of KRW 50 million including the lease on a deposit basis and the deposit amount of KRW 20 million when moving into the instant commercial building in the future.

Defendant and D, without the Plaintiff’s consent on October 27, 2017, the fourth floor of the instant building, among the instant buildings, shall be from November 1, 2017 to October 31, 2019, for the lease period, KRW 55 million.

arrow