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(영문) 서울북부지방법원 2017.01.11 2016가단120271

건물명도

Text

1. The defendant shall be the plaintiff.

A. Of the real estate underground floors listed in the separate sheet, the indication of the annexed sheet Nos. 1, 2, 5, 6, 7, 8, 9, 1.

Reasons

First, in full view of the purport of the argument as to the request for extradition following the termination of a lease agreement among the Plaintiff’s claims, the Plaintiff, on April 21, 2012, indicated in the evidence Nos. 1, 2, 5, 6, 7, 8, 9, and 1 of the attached Form No. 14.01 square meters (hereinafter “instant commercial building”) among the real estate underground floors listed in the attached Table No. 1, 2, 5, 6, 7, 8, 9, and 14.00 square meters connected each point in sequence, among the real estate underground floors listed in the attached Table No. 1, 200,000 won, monthly rent of KRW 1,10,000 (including value-added tax, five days each month, and payment after June 5, 2012), and the Defendant continued to pay the Plaintiff the rent of KRW 1,200,000 from June 1, 2012 to 24.

Furthermore, regarding the claim for return of overdue rent or unjust enrichment, it is clear that the sum of the monthly rent for the 46-month period from June 5, 2012, which was close to the date of filing the instant lawsuit from April 5, 2016, to April 5, 2016, is KRW 50,660,000 (1.1 million x 46 months). Here, if the Defendant deducts the above rent of KRW 17,500,000 and the deposit amount of KRW 20,000,000,000 paid by the Defendant, it is clear that the unpaid rent by April 5, 2016 on the above base date is KRW 13,100,000.

Therefore, the Defendant calculated 5% per annum under the Civil Act from April 6, 2016, which was the day following the above base date to May 9, 2016, the delivery date of a copy of the complaint in this case, and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from May 10, 2016 to the day of complete payment.