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(영문) 대전지방법원 논산지원 2018.09.20 2018가단1097
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b)payment of KRW 1,421,050;

C. April 2018

Reasons

1. Indication of claim;

A. On April 12, 2017, the Plaintiff leased a building listed in the separate sheet (hereinafter “instant building”) owned by the Plaintiff during the period from April 12, 201 to April 12, 2018, with a deposit of KRW 1 million, monthly rent of KRW 320,000,000, and the period from April 12, 2017 to April 12, 2018.

B. The above lease terminated upon the expiration of the term, and the sum of the rent, electricity, and water rates that the Defendant did not pay to the Plaintiff during the term of the lease is KRW 2,421,050.

C. Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff due to the termination of the lease, and pay the Plaintiff the rent and public charge KRW 1,421,050,050 (=2,421,050 - 1,000,000) remaining after deducting the deposit. From April 13, 2018, the following day after the termination of the lease, the Defendant is obligated to pay the Plaintiff unjust enrichment equivalent to the rent calculated by the ratio of KRW 320,000 per month to the first day of the termination of possession of the instant building or the Plaintiff’s loss of ownership.

Furthermore, inasmuch as the Defendant, while occupying and using the instant building, refused to perform the obligation to return unjust enrichment equivalent to the rent accrued continuously and repeatedly as the Defendant occupied and used the instant building and refused to perform the obligation to return unjust enrichment, it is anticipated that the Defendant would not perform the obligation to return unjust enrichment for which the due date comes from the date when the Defendant occupied the instant building or the Plaintiff’s loss of ownership, which

Therefore, the Plaintiff needs to claim in advance the portion of unjust enrichment that is due and payable in the future.

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

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