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(영문) 창원지방법원통영지원 2017.11.22 2017가단25375
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

(b) from August 1, 2016, buildings described in the preceding paragraph.

Reasons

In addition to the overall purport of the pleadings as stated in the evidence Nos. 1 through 4, the Plaintiff entered into a lease contract with the Defendant around March 29, 2016 by setting the lease deposit of KRW 10,00,000 per month, KRW 1,100,000 per month, and KRW 600,000 per public charges; ② the Defendant did not pay rent from August 1, 2016 to September 18, 2017; ③ the Plaintiff paid the sum of the public charges to be borne by the Defendant from August 1, 2016 to September 18, 2017; ④ the Plaintiff’s delivery of the complaint of this case to the Defendant, thereby recognizing the termination of the lease contract with the Defendant.

Therefore, the Defendant is obligated to order the Plaintiff to restore to its original state following the termination of the lease agreement, and pay and return the rent calculated by the rate of KRW 1,100,000 per month from August 1, 2016 to the completion date of the order for the said building and the unjust enrichment equivalent to the rent. As to the public charges paid by the Plaintiff on behalf of the Plaintiff, KRW 6,292,90, and the damages for delay calculated by the rate of KRW 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 18, 2017 to the full payment date.

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

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