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(영문) 의정부지방법원고양지원 2015.08.21 2014가단38718

건물명도 등

Text

1. The Defendant shall deliver the attached list real estate to the Plaintiff, and from June 21, 2014 to the completion date of delivery of the said building.

Reasons

1. As to the lease agreement entered into between the Plaintiff and the Defendant on March 23, 2013 on the real estate listed in the separate sheet (a deposit of KRW 33 million, KRW 2.6 million monthly rent, and value added tax separate), a claim for a return of unjust enrichment and a claim for return of the name of the building on the ground that the Defendant, on June 21, 2014, did not perform the said agreement and on the ground that the Defendant was in arrears for two or more occasions, and the Defendant, on June 21, 2014, made an agreement that the Plaintiff would pay the lease deposit incurred to the Plaintiff again and faithfully pay the value added tax amounting to KRW 2860,00,000,000,000,00

2. The Plaintiff partially dismissed part of the term, claiming the return of unjust enrichment from June 20, 2014. However, according to the above recognition, the Defendant bears the obligation to return unjust enrichment equivalent to the rent from June 21, 2014 to the Plaintiff. As such, the remainder of the claim beyond the above recognition scope is dismissed as it is without merit.

3. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;