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(영문) 울산지방법원 2018.10.31 2017가단65496
건물명도(인도)
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 1,540,667 as well as the full payment from September 29, 2017.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On August 18, 2015, the Plaintiff leased to the Defendant the building attached Form C owned by the Plaintiff’s child (hereinafter “instant housing”) as the lease period from August 18, 2015 to August 17, 2017, the lease deposit amount of KRW 3 million, the monthly rent of KRW 180,000 (payment in lump sum on August 18, 2015).

(hereinafter “instant lease agreement”). B.

On August 17, 2017, the Plaintiff sent to the Defendant a certificate of content indicating a declaration of intent demanding the Defendant to surrender the instant house on the grounds of the termination of the lease term, and the content certification was served to the Defendant around that time.

[Ground of recognition] Evidence Nos. 1 (including paper numbers, hereinafter the same shall apply), Eul evidence No. 1, and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant asserted as to the Plaintiff’s claim on the principal claim was in arrears of KRW 186,00 out of the rent for March 2016 during the instant lease agreement (payment of KRW 14,00,000 out of the rent for arrears applied after March 18, 2016, which was the date of the instant lease agreement) and KRW 3 million incurred from March 2017 up to May 2018 (i.e., the rent for arrears of KRW 200,000 x 15 months).

Therefore, the lease deposit amount of KRW 3 million paid by the Defendant to the Plaintiff was deducted from the above overdue rent under the instant lease agreement.

On August 17, 2017, the Plaintiff sent to the Defendant a certificate of content requiring the Defendant to surrender the instant housing on the grounds of the termination of the lease term, and then served the Defendant with the content certification at that time. The Plaintiff terminated the instant lease contract by delivery of a preparatory document dated March 27, 2018, stating the Plaintiff’s declaration of intent to terminate the instant lease contract.

Nevertheless, the Defendant occupied and used part (A) of 26 square meters in the instant housing units, which successively connected 6, 7, 8, 9, 10, 11, 12, and 6.

Therefore, the defendant is against the plaintiff.

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