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(영문) 서울남부지방법원 2015.11.06 2015가단47246
건물인도등
Text

1. The defendant shall be the plaintiff.

(a) Indication of the attached drawing among the 1st floor of the non-Dong-dong of the building indicated in the attached list, 1, 2, 3, 4.

Reasons

1. Determination

A. On August 26, 2014, the Plaintiff: (a) indicated in the annex drawings (1), (2), (3), (4), (1) part of (Ga) in the ship connected each point in sequence with the Defendant, as KRW 40,000,000, monthly rent of KRW 3,850,000 (including value-added tax) and the period from October 1, 2014 to September 31, 2017; (b) as the Plaintiff did not pay rent from June 1, 2015 to September 2, 2015, the lease is not in dispute between the parties; or (c) the fact that the Plaintiff was terminated by a declaration of intention made on September 2, 2015 by the Plaintiff on September 2, 2015 may be acknowledged by adding the purport of the entire pleadings to the statement in Gap evidence, evidence No. 1, A2, evidence No. 4, and evidence No. 5.

B. Therefore, the Defendant is obligated to deliver the said building part to the Plaintiff upon the termination of the lease agreement and pay the Plaintiff the amount of overdue rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 3,850,000 per month from June 1, 2015 to the completion date of delivery of the said building.

2. Therefore, we accept the Plaintiff’s claim.

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