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(영문) 서울중앙지방법원 2016.09.23 2016가단5077335

건물명도

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From 4,934,350 won and July 27, 2016

Reasons

1. Indication of claim;

A. On July 25, 2014, the Plaintiff leased the building indicated in the attached Table (hereinafter “instant building”) to the Defendant as KRW 5 million in deposit and monthly rent of KRW 400,000 (Additional rent).

B. On March 17, 2016, the Defendant, in arrears, notified the Defendant that the said lease contract was terminated.

C. The Defendant unpaid KRW 8,554,00 among the rent from July 27, 2014 to July 26, 2016, and unpaid KRW 1,380,350 among the management fee from November 1, 2015 to June 30, 2016.

The above lease contract was legally terminated according to the plaintiff's declaration of termination.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay the Plaintiff the remainder of KRW 4,934,350, which remains after deducting the deposit, out of the aggregate of the unpaid rent and management expenses, and the amount of unjust enrichment equivalent to the rent at the rate of KRW 440,000 per month from July 27, 2016 to the completion date of delivery of the instant building.

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