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(영문) 의정부지방법원 2017.11.30 2017가단122123
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

A. The housing of 2nd floor, 85.81 square meters, 2nd floor, and 85.81 square meters, each of which is 1,00,000,000,000 square meters.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Article 208 (3) 3 of the Civil Procedure Act:

3. Since the Plaintiff seeking payment of the rent in arrears or the rent equivalent to KRW 400,00 per month from December 10, 2015 to the time when the delivery of 85.81 square meters of real estate as indicated in the order is completed, the Plaintiff is entitled to seek payment of the rent in arrears or unjust enrichment equivalent to the rent, which is calculated at the rate of KRW 400,000 per month, from the date of filing the instant lawsuit from the Defendant from December 10, 2015, which entered into a lease contract in the complaint to the date of filing the instant lawsuit, the Plaintiff is entitled to claim payment of the rent in arrears or unjust enrichment against the Defendant, who is the lessor, as above, as the lessor, from the date of filing the lease contract to December 10, 2015.

Therefore, among the parts seeking the payment of rent or unjust enrichment equivalent to the Plaintiff’s rent to the Defendant, KRW 8,800,000 (=22 months from December 10, 2015 to October 9, 2017) calculated by deducting the aforementioned KRW 400,000 (=400,000 KRW 40,000 and KRW 400,000,000) from the remainder of KRW 6,80,000 (=8,800,0000 to KRW 80,000) and from October 10, 2017 to October 8, 2017, the remainder of India’s claim for payment of the rent or unjust enrichment exceeding the aforementioned KRW 400,00,00,000 from the date of conclusion of the lease contract. Therefore, the claim for payment of the rent or unjust enrichment exceeding the above KRW 800,000,00,000.

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