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(영문) 서울중앙지방법원 2017.12.07 2017가단49400

건물명도 등

Text

1. Defendant B indicated in the attached Form No. 1, 2, 3, 4, 5, 6, and 6 among the five floors of the building listed in the attached Form No. 1, 2, 3, 4, 5, 6,

Reasons

1. Claim against the defendant B

A. The grounds for the claim are indicated in the attached Form “the grounds for the claim”

(Provided, That the plaintiff reduced the claim of unjust enrichment amounting to 11,543,40 won per month.

Judgment on deemed ground confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act)

2. Claim against Defendant C

A. There is no dispute between the parties as to the facts listed in paragraphs (1) through (4) of the attached Form “Grounds for Claim”. According to these facts, Defendant C is jointly and severally liable with Defendant B to pay to the Plaintiff the remainder of KRW 38,849,54, which remains after deducting deposit of KRW 59,40,00 from the total amount of 98,249,544, and the amount of the taxes and public charges in arrears plus KRW 38,849,544, which is the day following the base date for calculation of the rent in arrears, and the delay damages therefor, and KRW 11,543,400 each month from May 20, 2017 to the completion date of the name of real estate listed in the order 11,543,40, as the Plaintiff seeks from May 20, 201 to the expiration date of the name of real estate listed in the order 1.1.

B. If so, Defendant C is jointly and severally with Defendant B to pay to the Plaintiff the amount of KRW 38,849,544 as well as 5% per annum as stipulated in the Civil Act from May 20, 2017 to August 11, 2017, the delivery date of a copy of the complaint of this case, and 15% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment, and Sheshe is jointly and severally liable to pay to the Plaintiff the amount calculated at the rate of KRW 11,543,40 per month from May 20, 2017 to the day of full payment. Thus, the Plaintiff’s claim of this case is justified.