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(영문) 광주지방법원목포지원 2017.08.10 2017가단1583
건물명도 등
Text

1. The Defendants jointly deliver the buildings listed in the attached list to the Plaintiff.

2. Defendant B is 8.4 million won to the Plaintiff.

Reasons

1. Indication of claim;

A. On September 26, 2013, the Plaintiff was the owner of the building listed in the attached list (hereinafter “instant building”), and leased the instant building to Defendant E as of September 27, 2013, with a deposit of KRW 5 million, monthly rent of KRW 450,000,000, and the period from September 27, 2013 to September 26, 2016.

B. From September 27, 2013 to January 26, 2017 (40 months), Defendant B paid only KRW 3,150,000,000 for seven-month rent of KRW 18 million and additional KRW 1,455,00 ( KRW 1,00,000,000 on January 7, 2017, and KRW 450,000 on January 13, 2017), and did not pay the remainder of KRW 13,40,000,000,000,000,000,000,000. The Plaintiff terminated the said lease by delivering a duplicate of the complaint in this case.

C. Defendant C and Defendant D occupy the instant building without authority.

Therefore, the Defendants jointly deliver the instant building to the Plaintiff, and Defendant B is obligated to pay unjust enrichment calculated by the ratio of KRW 8.4 million to KRW 13.4 million per month from January 27, 2017 to the completion date of delivery of the instant building.

2. Article 208 (3) 2 of the Civil Procedure Act that makes a judgment of deemed confession.

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