logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.07.12 2017가단521597
건물명도(인도)
Text

1. Defendant B’s 101,500,000 won and the interest rate of 15% per annum from March 30, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. Defendant B leased F apartment G units in Suwon-si, Suwon-si (hereinafter “instant real estate”) from the Korea Land and Housing Corporation the lease deposit amount of KRW 83,550,00, monthly rent of KRW 428,740, and the term of lease from January 1, 2016 to December 31, 2017.

(hereinafter “Lease of this case”). (b)

On August 7, 2016, under the brokerage of Defendant D, a licensed real estate agent, the Plaintiff entered into a contract with Defendant C (Defendant B’s spouse) to take over the status of the lessee as to the lease of this case from Defendant B (hereinafter “instant contract”).

C. On July 23, 2016, pursuant to the instant contract, the Plaintiff: (a) KRW 5,000,000 on July 23, 2016; and (b) the same year

8. 17. Defendant C: KRW 5,000,000; and

9. 10. 10. 10,000,000 won to Defendant D, the same year

9. On March 6, 2017, Defendant D paid KRW 40,000,00 each (total of KRW 80,000,000) to Defendant C, and KRW 1,50,500,000, total of KRW 101,50,000 to Defendant C on March 6, 2017.

As above, Defendant D did not deliver KRW 95,000,000 received money from the Plaintiff to Defendant B, and Defendant B transferred the possession of the instant real estate to the Korean Land and Housing Corporation without transferring the lessee status of the instant lease to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap's entry in Gap's 3 through 7, 10 evidence (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. As to the claim against the defendant B and C

A. (1) As seen earlier, Defendant B transferred the possession of the instant real estate to the Korea Land and Housing Corporation without transferring the lessee’s status as to the instant lease to the Plaintiff with respect to the claim for nonperformance of the obligation against Defendant B. As such, the obligation to transfer the lessee’s status as the lessee under the instant contract was de facto impossible.

Therefore, Defendant B is the Plaintiff.

arrow