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(영문) 광주지방법원 2018.08.14 2018가단4029
건물명도
Text

1. Defendant B:

(a) KRW 53,500,000 as well as 5% per annum from March 6, 2018 to August 14, 2018; and

Reasons

1. Indication of claim;

A. On June 29, 2014, the Plaintiff is the owner of the real estate indicated in the annex, and Defendant B concluded a lease agreement to lease the instant leased building with the lease deposit amounting to KRW 40 million and KRW 3850,000,000,000,000 from the Plaintiff around July 25, 2016, when the lease contract term expires after renting a total of 255.72 square meters (hereinafter “instant leased building”) among the real estate indicated in the annex’s attached real estate from the Plaintiff, around July 25, 2016, when the lease contract term expires.

(hereinafter “instant lease agreement”). B.

Defendant B did not pay to the Plaintiff the sum of KRW 53.5 million by the end of February 2018, and the Plaintiff notified Defendant B of the termination of the instant lease agreement.

C. Defendant C transferred the instant leased building from Defendant B without the Plaintiff’s consent, and Defendant C occupied and used the said building.

Therefore, Defendant B is obligated to return the sum of overdue rent of KRW 53,500,000 and delay damages therefor, and unjust enrichment equivalent to the rent of KRW 3,850,000 per month from March 26, 2018 to the completion date of delivery of the instant leased building. Defendant C is obligated to deliver the instant leased building to the Plaintiff.

2. Defendants of applicable provisions of Acts: Article 208 (3) 2 of the Civil Procedure Act (Judgment on deemed as Confession).

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