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(영문) 창원지방법원 마산지원 2017.02.22 2016가단10011

건물인도

Text

1. The defendant shall be the plaintiff.

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

(b) As from January 1, 2017, 61,156 won and 61.

Reasons

1. Indication of claim;

A. On July 22, 2016, the Defendant leased real estate (hereinafter “instant real estate”) indicated in the separate list owned by Nonparty AD Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) from Nonparty AD Co., Ltd. for the lease deposit of KRW 3 million, monthly rent of KRW 470,000,000, monthly rent of KRW 470,000, and the term of lease from January 31, 2016 to January 30, 2017.

(hereinafter “instant lease agreement”). B.

On July 22, 2016, the Plaintiff completed the registration of ownership transfer on the instant real estate, and succeeded to the lessor’s status under the instant lease agreement from the non-party company.

C. From July 31, 2016 to November 30, 2016, the Defendant delayed the sum of KRW 1.88,000,000 for the four-month period from July 31, 2016, and the Plaintiff notified the Defendant of the termination of the instant lease contract on the ground of two or more occasions of arrears with the delivery of the duplicate of the instant complaint. The duplicate of the instant complaint was served on the Defendant on November 7, 2016.

The management fee of the real estate of this case shall be 54,633 won for the basic management fee, and the use fee according to the quantity of electricity and water used shall be added.

E. The Defendant occupied and used the instant real estate. From July 31, 2016 to December 30, 2016, the amount of KRW 3,061,156 [the amount of KRW 2,350,000 (including overdue charges) for the management expenses (including overdue charges) incurred from July 31, 2016 to December 30, 2016], the amount of KRW 3,00,000, out of the leased deposit was deducted from the amount of KRW 524,633 (the amount of KRW 470,00,00, KRW 54,633,00).

2. Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).