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(영문) 창원지방법원통영지원 2015.02.05 2014가단11412

건물명도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver 161.22 square meters of one story and 161.22 square meters of two stories among the buildings listed in the attached list;

(b)4.4.

Reasons

1. Facts of recognition;

A. On March 4, 2014, the Plaintiff leased a lease deposit of KRW 30 million, monthly rent of KRW 220,000,000, and three years for a period of KRW 22,220,000, among the buildings indicated in the attached list to the Defendant on March 4, 2014.

B. However, the Defendant did not pay monthly taxes for three months from June 2014 to August 2014.

On August 20, 2014, the Plaintiff sent a peremptory notice to the Defendant that the lease contract will be terminated if the overdue monthly rent is not paid within 14 days from the date of receipt of the peremptory notice.

However, even after sending the above peremptory notice, the plaintiff did not receive the above monthly tax in arrears.

C. Around January 2015, the Defendant additionally paid KRW 2.2 million to the Plaintiff a monthly wage of KRW 1.2 million.

[Ground of recognition] Facts without dispute, entry of evidence A1 to 4, purport of the whole pleadings

2. According to the facts of the above recognition, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay the Plaintiff the amount of unjust enrichment equivalent to the monthly rent of KRW 4.4 million calculated on September 4, 2014, calculated on the basis of the ratio of KRW 4.4 million from June 2014 to August 2, 2014, and KRW 6.6 million from January 4, 2015.

3. Therefore, the plaintiff's claim is accepted within the scope of the above recognition and the remaining claims are dismissed.