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(영문) 창원지방법원통영지원 2017.11.01 2017가단3245
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the second floor of 253.62 square meters among the buildings listed in the attached list;

(b) 12,00,000 won; and

Reasons

In addition to the overall purport of the pleadings Nos. 1 through 5, the Plaintiff entered into a lease agreement with the Defendant on April 17, 2012, setting the lease deposit amount of KRW 253.62m2m2 on the second floor among the buildings listed in the attached list with the Defendant as KRW 2,350,000 per month (a special agreement provides that a lease agreement may be terminated if a rent is overdue on at least two occasions). ② The Plaintiff did not pay the rent of KRW 12,00,000 by April 19, 2017. ③ The Plaintiff’s service of the complaint of this case with the Defendant can be recognized as having terminated the lease agreement with the Defendant.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff as restitution following the termination of the lease agreement, and pay damages for delay calculated by the rate of 15% per annum from September 9, 2017 to the day of complete payment after the delivery of a copy of the instant complaint to the day of complete payment. The Defendant is obligated to return the amount equivalent to the rent calculated by the rate of 2350,000 won per annum from April 20, 2017 to the day of delivery of the instant real estate as unjust enrichment.

Thus, the plaintiff's claim of this case is accepted.

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