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(영문) 인천지방법원 2017.10.20 2017가단214595

건물명도(인도)

Text

1. The Defendant shall deliver the real estate in the separate sheet from December 30, 2016 to the Plaintiff’s KRW 10,000,000.

Reasons

1. On December 30, 2016, Plaintiff 1 indicated in the separate sheet (hereinafter “instant real estate”) to the Defendant on December 30, 2016, the lease deposit amount of KRW 10 million, KRW 825,00 per month, KRW 298,440 per month, management expenses, and KRW 10,000 per year; and thereafter, the Defendant is paid the lease deposit amount of KRW 10,000,000 from the Defendant. On December 30, 2016, the Plaintiff continued possession and use of the instant real estate upon delivery on or around December 30, 2016, but did not pay all the agreed rent and management expenses to the Plaintiff. The Plaintiff’s notice of termination of the said lease on the ground that the Plaintiff failed to pay two or more rents by delivery of a duplicate of the copy of the complaint

The occurrence of the obligation to deliver the instant real estate: from December 30, 2016 to the completion date of delivery of the said real estate, the amount calculated by the ratio of KRW 1,123,440 per month to the rent and management expenses or the amount of unjust enrichment equivalent thereto ( KRW 825,00, KRW 298, 440) shall be deducted from the lease deposit (performance). 2. Determination by deeming confession (Article 208(3)2 of the Civil Procedure Act).