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(영문) 청주지방법원제천지원 2020.12.16 2020가단1253
건물인도 등
Text

The Defendant, as the Plaintiff

(a) deliver the real estate listed in the annex 1 list;

B. From August 27, 2020, 3,092,170 won and above.

Reasons

1. Indication of claims: To be as shown in Appendix 2; and

2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

3. The Plaintiff, in part, seeks payment from the Defendant of the unpaid rent from December 26, 2017 to August 26, 2020, the lease contract between B and the Defendant, plus the total amount of unpaid rent from August 26, 2017 to August 26, 202, and the unpaid management expenses from March 2019, after deducting the lease deposit (= = 4,153,170 won + the total amount of rent from December 26, 2017 to August 26, 2020, plus the unpaid management expenses of KRW 6,400,000 from December 26, 2017 to August 26, 202).

However, on December 27, 2018, the Plaintiff succeeded to the status of the lessor only on December 27, 2018 by completing the registration of transfer of ownership based on the sale of real estate listed in the separate sheet as of December 27, 2018, and as such, the unpaid rent claim until December 26, 2018 belongs to B, the Plaintiff cannot seek payment against the Defendant.

The plaintiff asserts that he/she succeeded to all the rights of the defendant, such as deposit and rent, by an oral agreement with B at the time of a sales contract with B. However, there is no evidence to acknowledge the plaintiff's assertion that the plaintiff succeeded to the status of lessor B pursuant to the Housing Lease Protection Act and acquired the rent claims that he/she had not

Therefore, the Plaintiff’s claim for rent from December 27, 2018 to August 26, 2020 is limited to KRW 4,000,000 for rent and KRW 1,50,000 for unpaid management expenses, and KRW 3,092,170 for lease deposit, which are deducted from KRW 592,170 for unpaid management expenses, and the Plaintiff’s claim for excess is rejected.

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