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(영문) 인천지방법원부천지원 2015.02.11 2014가단40680
건물명도
Text

1. The Plaintiff:

A. The Defendants deliver the buildings listed in the separate sheet;

B. Defendant B shall be KRW 1,850,000 and October 2014.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the statements in the evidence Nos. 1 through 3, the Plaintiff entered into a lease contract with the Defendant B at KRW 5 million and KRW 2.5 million on September 4, 2008. Accordingly, on September 8, 2009, the Plaintiff received a deposit of KRW 5 million from the Defendant B and delivered the said building to the Defendant B. The Defendant B paid KRW 13.4 million on December 14, 2013 to the Plaintiff by December 23, 2014. The above amount corresponds to the rent of KRW 13.4 million for the period until February 23, 2014 ( KRW 13.4 million ± KRW 250,53.6). The Plaintiff’s expression of intention to terminate the above lease contract with the Plaintiff’s mother on the ground that the Plaintiff’s mother was in de facto marital relation with the Defendant B, as the date of pleading, and the Plaintiff’s statement to the Defendant C14.

According to the above facts, since the above lease contract was terminated, the Defendants, the owner of the above building, are obligated to deliver the above building to the Plaintiff, and Defendant B, from February 24, 2014 to October 8, 2014, is obligated to pay the rent of KRW 1850,00 (250,000 won 】 0.47) and the rent of KRW 250,000 (250,000 won) calculated at the rate of KRW 250,000 per month from October 9, 2014 to the delivery date of the above building.

In addition to the Plaintiff, the Plaintiff sought payment of the rent of KRW 650,000 from December 9, 2013 to February 23, 2014 to Defendant B. However, the fact that the said rent was already paid is recognized as above. Therefore, the Plaintiff’s allegation in this part is without merit.

2. As such, the plaintiff's claim against the defendant B is reasonable within the above recognition scope, and the remaining claim is dismissed as it is without merit, and the plaintiff's claim against the defendant C is accepted as reasonable.

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