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(영문) 서울서부지방법원 2017.08.23 2017가단5238
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

(b) From March 11, 2017, KRW 2,33,33 and KRW 2,333.

Reasons

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

2. The dismissed portion of the instant lease agreement is KRW 500,000 per month, and the Plaintiff calculated the unpaid rent at KRW 2,83,000, based on the premise that the period from October 20, 2016 to March 10, 2017, from October 2016, to March 20, the Plaintiff claimed payment of the unpaid rent against the Defendant.

However, since the period from October 20, 2016 to March 10, 2017 is four-month 20 days, the unpaid rent during that period is 2,33,33 won (4 + 20/30).

Therefore, there is no reason for the portion exceeding KRW 2,33,33 of the Plaintiff’s unpaid rent claim.

Meanwhile, the Plaintiff calculated the unpaid rent as of March 10, 2017 and separately claimed as the unpaid rent. As such, the amount of damages for the rent paid on the ground of illegal occupation in the future should be calculated from March 11, 2017, and therefore, the part of the claim on March 10, 2017 is without merit.

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

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