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(영문) 수원지방법원 안양지원 2017.02.03 2016가단13619

건물인도

Text

1. The defendant shall be the plaintiff.

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

(b) KRW 2,800,000 and as regards this,

Reasons

1. On March 25, 2015, the Plaintiff indicated the claim that: (a) the real estate listed in the separate sheet (hereinafter “instant real estate”) on the Defendant was leased KRW 5,000,000 for lease deposit; (b) KRW 600,00 for rent and management expenses (including value-added tax; (c) KRW 550,00 for rent and management expenses; (d) KRW 50,000 for rent and management expenses; and (e) from March 25, 2015 to March 24, 2017; and (d) the Defendant paid the said lease deposit to the Plaintiff at that time and received the instant real estate from the Plaintiff.

However, the defendant did not pay the above rent and management expenses until August 2016, and did not pay the rent and management expenses of KRW 7,800,000 in total, and the plaintiff did not pay the above rent and management expenses, and the above lease contract is terminated by the delivery of a copy of the complaint of this case on the ground that the above rent and management expenses were overdue.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay the remainder of KRW 2,800,000 after deducting KRW 5,000,000 from the aggregate of the overdue rent and management expenses, and delay damages for the lease, and to pay the overdue rent and management expenses or unjust enrichment calculated at the rate of KRW 600,000 per month from September 5, 2016 to the completion date of delivery of the instant real estate.

2. Article 208 (3) 3 of the Civil Procedure Act: