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(영문) 서울중앙지방법원 2018.09.18 2018가단36647

건물명도등 청구의 소

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the annex;

B. From June 10, 2018, KRW 3.9 million and its related thereto.

Reasons

1. Indication of claim: A claim for delivery of a building and a claim for overdue rent, and a claim for return of unjust enrichment equivalent thereto, on the grounds that a lease contract concluded on September 12, 2017 with respect to the attached real estate (a lease deposit of one million won, KRW 1.3 million per month, KRW 1.3 million per month, KRW 5% per month at the time of overdue delay, and October 9, 2018 until October 10, 2018) was terminated due to overdue delay since April 10, 2018 by the Defendant;

3. Part of partial termination: It is necessary to claim in advance unjust enrichment in relation to the obligation to pay unjust enrichment equivalent to rent in advance.

Even if the damages for delay can not be seen as being established in advance. Thus, the damages for delay against future unjust enrichment shall be dismissed as it is without merit.