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(영문) 수원지방법원안양지원 2017.07.12 2017가단1170
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

(b)payment of KRW 4,950,000;

C. February 1, 2017

Reasons

1. On December 11, 2015, the Plaintiff, indicating the claim, leased the real estate indicated in the attached Form (hereinafter “instant real estate”) to the Defendant with the lease deposit of KRW 2 million, KRW 1.5 million per month, and the lease period of KRW 1.5 million per month.

However, the defendant did not pay rent after the end of October 2016, and the plaintiff will terminate the above lease contract on the ground of this.

Therefore, the Defendant is obligated to order the Plaintiff to return the instant real estate, and to pay the amount of KRW 4,950,00 (including KRW 1,650,00 (including KRW 1,650,00) unpaid from November 1, 2016 to January 31, 2017) and the amount of KRW 2,64,080 in arrears from September 1, 2016 to January 2017 (including KRW 2,143,917 each month from February 1, 2017 to the completion date of delivery of the instant real estate).

2. Article 208 (3) 2 of the Civil Procedure Act that makes a judgment of deemed confession.

3. Of the amount for which the Plaintiff seeks payment against the Defendant, the part concerning the management fee is sought is separate from seeking the return against the Defendant only after the Plaintiff paid it on behalf of the Defendant. Under the present situation, there is no legal basis for the Plaintiff, a lessor, to seek the direct payment against the Defendant, and the amount of the management fee to be incurred in the future is not clearly specified. Therefore, the part concerning the claim for payment of the management fee

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