(영문) 수원지방법원 2018.07.05 2018가단6002

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(영문) 수원지방법원 2018.07.05 2018가단6002

건물인도

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1. The defendant (appointed party) and the appointed party shall be paid KRW 10 million by the plaintiff and shall be attached to the plaintiff at the same time.

Reasons

1. Facts of recognition;

A. C, the owner of the instant real estate indicated in the Disposition No. 1 (hereinafter “instant real estate”), entered into a lease agreement with the Defendant (Appointed Party) and the appointed party on March 5, 2014 regarding the instant real estate, with a lease deposit of KRW 10 million, with a lease deposit of KRW 50,000,000,000 for two years from March 5, 2014, with a lease agreement of KRW 1.1 million for monthly rent (hereinafter “instant lease agreement”), and transferred the instant real estate to the Defendant (Appointed Party) and the appointed party.

[Selection, the nominal owner of the instant lease contract, and the Defendant (Appointed Party) is a person who occupies and uses the instant real estate, and it is reasonable to see that the Defendant (Appointed Party) and the Appointed Party (Appointed Party) as joint lessee of the instant lease contract. The instant lease contract was renewed once by an agreement between both parties, with an increase in the monthly rent of KRW 1.2 million.

B. Upon the death of the said C, the Plaintiff solely inherited the instant real estate by consultation and division on July 7, 2016.

C. The sum of the overdue rent of KRW 3.3 million in 2014, KRW 2.4 million in 2016, and KRW 1.2 million in 200,000 in arrears as of March 5, 2018 is KRW 6.9 million in total as of March 5, 2018.

The Defendant (Appointed Party) and the designated parties occupy and use the instant real estate until now.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 7 (including each number in the case of additional number), the purport of the whole pleadings

2. Determination:

A. According to the above facts as to the claim for delivery, since the lease contract of this case terminated on March 5, 2018, the term of lease expires, the defendant (appointed party) and the appointed party are obligated to deliver the real estate of this case to the plaintiff at the same time with payment of KRW 10 million from the plaintiff.

In this regard, the defendant (appointed party) is paid KRW 1/2 of the facility cost of KRW 77 million invested by the defendant (appointed party) and KRW 38.5 million.

유사 판례

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