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(영문) 창원지방법원마산지원 2017.12.28 2017가단3515
임대료및 부동산명도
Text

1. The defendant is against the plaintiffs:

A. Of the 3,718 square meters of the D Parking lot in Kimhae-si, the attached drawing is indicated as ①, ②, ④, ③, and ③, respectively.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties or may be found in the entries in Gap evidence Nos. 1, 2, and 4, taking into account the whole purport of the pleadings:

The Plaintiffs, as co-owners (each 1/2 shares) of the 3,718 square meters of the D Parking lot in Kimhae-si, and on July 15, 2016, on the following grounds, on the part of the above land, the Plaintiffs indicated the attached drawing(1), (2), (4), (3), (1), on the ground container and the attached drawing(s) on the part of 33 square meters of land connected with each of the above points in sequence, and leased KRW 1,100,000 of the monthly rent to the Defendant.

B. From November 15, 2016 to June 15, 2017, the Defendant did not pay a total of KRW 7.7 million to the Plaintiffs. The Plaintiffs expressed their intent to terminate the said lease on the grounds of the Defendant’s delinquency in rent, and the declaration of intention reached the Defendant.

2. According to the above fact-finding, following the termination of the above lease agreement, the defendant is obligated to deliver the real estate of this case to the plaintiffs, and pay damages for delay calculated at the rate of 15% per annum from September 20, 2017 to the day following the delivery of a copy of the complaint of this case to the day of complete payment, and the amount of unjust enrichment equivalent to the rent calculated at the rate of 1.1 million won per month from June 16, 2017 to the delivery date of the real estate of this case.

3. In conclusion, the plaintiffs' claim against the defendant is justified and acceptable.

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