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(영문) 창원지방법원 마산지원 2018.02.07 2017가단4792
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) from January 1, 2018, KRW 1,890,00 and January 1, 2018.

Reasons

1. Facts of recognition;

A. On April 15, 2016, the Plaintiff leased real estate listed in the attached list owned by the Plaintiff (hereinafter “instant real estate”) to the Defendant by setting the lease deposit amount of KRW 5 million, monthly rent of KRW 550,000 (including value-added tax), and the lease period from May 1, 2016 to April 30, 2018.

(hereinafter “instant lease agreement”). B.

From January 1, 2017 to August 31, 2017, the Defendant delayed the payment of a total of KRW 4.4 million (50,000 x 550,000,000 x 550,000,000 excluding KRW 6.660,000,000. The Defendant served the Defendant on September 15, 2017 a duplicate of the instant complaint stating the Plaintiff’s declaration of termination on the ground of at least two consecutive overdue payments.

C. Since September 15, 2017, the Defendant is occupying and using the instant real estate, and it is ratified that the monthly rent of the instant real estate was KRW 50,000 per month (including value-added tax) after September 15, 2017.

On November 24, 2017 and 30th of the same month, the Defendant paid to the Plaintiff a sum of KRW 3.5 million in arrears, and additionally paid KRW 550,000,000,000 from January 1, 2017 to December 31, 2017, the amount of unjust enrichment equivalent to the monthly rent or monthly rent reaches 1.89 million in total ( KRW 2.2 million ( KRW 55 million x 4 months) - KRW 3.5 million - 55 million).

[Reasons for Recognition] Unsatisfy, Entrys at Gap's 1 to 4 and the purport of whole pleadings

2. According to the above facts finding as to the Plaintiff’s claim, since the Plaintiff terminated the instant lease contract on the grounds of delinquency in rent for at least two years by serving a duplicate of the instant complaint, the Defendant, a lessee, is obligated to deliver the instant real estate to the Plaintiff, who is the lessor and the owner, and to pay unjust enrichment at the rate of KRW 1890,000,000,000,000,000 from January 1, 2018 to the completion date of delivery of the said real estate.

3. The plaintiff's claim is reasonable and acceptable.

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