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(영문) 서울중앙지방법원 2015.03.25 2014가단207502

건물명도

Text

1. The defendant shall be the plaintiff.

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

B. From April 1, 2013, the above real estate.

Reasons

1. Facts constituting the cause of claim;

A. On June 30, 2012, C leased the real estate stated in the attached Form (hereinafter “instant real estate”) to the Defendant at KRW 12 months for lease term, KRW 10,000,000 for rental deposit, and KRW 1,200,00 for monthly rent.

B. C A died on February 27, 2013, and the Plaintiff inherited the instant real estate solely according to an agreement division.

C. The Plaintiff terminated the said lease agreement on September 13, 2013, following the Defendant’s failure to pay rent after April 1, 2013.

[Grounds for Recognition: Article 150 of the Civil Procedure Act]

2. If so, the Defendant is obligated to deliver the instant real estate to the Plaintiff upon the termination of the said lease agreement and pay the amount calculated by the rate of KRW 1,200,00 per month with the unpaid rent and unjust enrichment from April 1, 2013 to the above delivery date (the Plaintiff is separately seeking 20% interest per annum on unpaid rent and unjust enrichment, but there is no specific assertion as to the ground for the occurrence of the pertinent claim, the starting point and the closing date of the pertinent claim, and thus, this part of the claim is not accepted). It is so decided as per Disposition.