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(영문) 창원지방법원통영지원 2017.06.13 2017가단1140

건물명도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

(b) As from March 1, 2017, KRW 8,454,230 and the foregoing.

Reasons

1. On January 6, 2014, the Plaintiff entered into a lease agreement with the Defendant on the deposit for lease deposit of KRW 5,00,000,000, monthly rent of KRW 950,000, and period of lease of KRW 24 months from January 6, 2014, and thereafter, at the Defendant’s request, set the rent of KRW 1,00,000 per month without a deposit for lease.

However, from August 2016, the Defendant did not pay the rent, did not pay the management fee of KRW 954,230, and the Defendant caused damages equivalent to KRW 500,000 due to neglect of management.

The Plaintiff terminated the lease contract against the Defendant on this ground. The Defendant is obligated to deliver to the Plaintiff the attached real estate, and pay rent of KRW 7,000,000 for seven months from August 1, 2016 to February 2, 2017 (i.e., KRW 1,00,000 per month x seven months x seven months), unpaid management expenses and KRW 8,454,230 per annum 8,454,230 per annum (=7,00,000, KRW 954,230,000 per month) and unjust enrichment from March 1, 2017 to the completion date of delivery of the above real estate.

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);