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(영문) 서울남부지방법원 2016.01.29 2015가단236039

건물명도

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From October 11, 2015, 6,790,000 won and above.

Reasons

1. Indication of claims: To be as specified in attached Form 1;

2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

3. Partial dismissal.

A. From May 11, 2014 to October 10, 2015, the Defendant’s rent, management fee, etc., which was not paid from May 11, 2014 to October 10, 2015 (=420,000 won for monthly rent x 17 months x 17 months). Since management fee which was not paid on record is KRW 2,650,00,00, this is more than KRW 9,790,000 (=7.140,000 won). According to the Plaintiff’s claims, the amount of KRW 3,00,000 for the above overdue rent, etc. is appropriated for KRW 6,790,000 for the lease deposit, and thus, the unpaid rent and management fee, etc. payable to the Plaintiff is KRW 9,790,790,790,000-3,000).

B. Even based on the Plaintiff’s assertion of unjust enrichment equivalent to the rent, the starting point for the Defendant’s use of and benefit from real estate is May 11, 2013, and the starting point for the period calculated as the unpaid rent is October 10, 2015. As such, the starting point for calculating unjust enrichment equivalent to the rent is deemed October 11, 2015.