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(영문) 대구지방법원영덕지원 2016.08.30 2016가단771

건물명도 등

Text

1. The defendant shall be the plaintiff.

(a) Annex C: (a) Annex C to Annex C in the Bale Tramb roof in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, one-story housing, 42.9 square meters; (b)

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment by public notice for recognition (Article 208 (3) 3 of the Civil Procedure Act)

3. Some dismissed parts of the Plaintiff sought payment of the above amount on behalf of the Defendant since it paid 967,260 won, such as electricity and water supply, etc. on the instant building on behalf of the Defendant, but there is no evidence to acknowledge that the Plaintiff paid the above amount on behalf of the Defendant.

The plaintiff's claim for this part is without merit.

While the Plaintiff sought 4 million won due to the Defendant’s use of the instant building from January 7, 2014 to May 6, 2016 (i.e., unpaid rent or unjust enrichment equivalent to the rent (i.e., 28 months x 300,000 won - 4.4 million won) from January 8, 2016, the Plaintiff filed a duplicate claim for unjust enrichment equivalent to the rent calculated at the rate of KRW 300,00 per month from April 8, 2016.

Therefore, the part of the Plaintiff’s claim for unjust enrichment equivalent to the rent from April 8, 2016 to May 6, 2016 is without merit.