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(영문) 춘천지방법원 2018.02.13 2017가단3393
건물명도등
Text

1. From July 25, 2017 to February 13, 2018, the Defendant (Counterclaim Plaintiff) paid KRW 360,194 to the Plaintiff (Counterclaim Defendant) and its related amount.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On November 1, 2015, the Defendant resided in the instant building after setting the deposit amount of KRW 2 million, monthly rent of KRW 350,000,000,000, monthly rent of KRW 350,000,000, monthly rent of KRW 350,000,000, monthly rent of KRW 350,000,00,000,000,000,000,000,000

B. On April 11, 2016, the Plaintiffs succeeded to the lessor’s status as to the instant building when purchasing the building attached to D from D, and completed the registration of ownership transfer as to each of 1/2 shares on the 12th of the same month.

C. On April 16, 2016, the Plaintiffs drafted a lease agreement with the Defendant and the Plaintiffs, setting the instant building as KRW 2 million, monthly rent of KRW 3.5 million, and the period from November 11, 2015 to November 10, 2017.

The Plaintiffs filed the instant lawsuit seeking delivery of the instant building and payment of unpaid monthly taxes on June 30, 2017 on the grounds that the Defendant had not paid monthly taxes more than twice.

E. After receiving the instant complaint on July 17, 2017, the Defendant delivered the instant building to the Plaintiffs on the 24th of the same month.

F. Meanwhile, the Defendant did not pay monthly rent for the two-month period (from February 11, 2016 to April 10, 2016) before the Plaintiffs succeeded to a lessor’s status. From February 11, 2016 to July 24, 2017, the Defendant paid KRW 6,108,064 in total (=350,000 x 350,000 x 17 months x 351 days x 14,31 days, and turgs). The Defendant paid KRW 3,850,000 in total from May 11, 2016 to March 15, 2017.

G. In addition, the Defendant’s public charges, such as water supply and electricity charges, which are not paid to the Plaintiffs, are 102,130 won in total.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1, 2, 6, 7 (including paper numbers), Eul evidence Nos. 1 and 3, the purport of the whole pleadings]

2. According to the above facts of recognition as to the main claim, the defendant has to pay the plaintiffs the unpaid monthly rent.

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