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(영문) 대전지방법원 2019.05.01 2018가단227244
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

(b) KRW 20,405,000 and as regards it,

Reasons

1. Indication of claim;

A. On August 28, 2017, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff on the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) with respect to the lease deposit amounting to KRW 10,000,000, rent 1,595,000, monthly management expenses, KRW 250,000, monthly management expenses, and from August 30, 2017 to August 29, 2019 (two years).

(hereinafter “instant lease agreement”). B.

The defendant delayed the payment of rent for more than two years, and the plaintiff shall serve a duplicate of the complaint of this case in lieu of the notice of termination of the lease contract of this case.

C. The Defendant shall pay to the Plaintiff the amount equivalent to the unjust enrichment calculated by the ratio of KRW 1,845,00 per month from April 25, 2019 to the delivery date of the instant real estate (=the monthly rent of KRW 1,595,000 + the monthly management fee of KRW 250,000) from the day following the delivery date of the application for amendment of the purport of the claim as to the unpaid rent and management fee of KRW 20,405,00 to the date of delivery of the instant real estate.

2. Judgment deemed based on confession (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act).

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