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(영문) 창원지방법원 통영지원 2018.10.04 2017가단5609
건물인도 등
Text

1. The defendant

(a) Five-story neighborhood living facilities and five-storys of the Creinite Crein penalty structure slive slive roof.

Reasons

Basic Facts

On July 27, 2009, D Co., Ltd. completed the registration of initial ownership in relation to five residential facilities and sports facilities (hereinafter “instant building”) of the CD reinforced concrete structure slab roof at the time of Tong Young-si.

After December 26, 2013, the Plaintiff acquired the ownership of the instant building on the ground of sale by voluntary auction.

On July 22, 2015, the following lease agreement was made between the Plaintiff and the Defendant on July 2, 2015, with respect to the portion (A) of 137.5 square meters inboard (hereinafter “instant store”) (hereinafter “instant store”) connected with each point of 4,5,6,7, and 4 of the attached drawings among the first floor of the instant building.

(hereinafter “instant lease agreement”). Terms and conditions of a special agreement between July 22, 2015 and July 22, 2015 for the lease period of KRW 3,000,000, monthly rent of KRW 300,000 (repaid on July 21, 2015): Additional tax rate.

A lessee may not request the lessor to pay a premium. Taxes and public charges shall be in accordance with general practices.

b. 【Ground of recognition” did not have any dispute, each entry of Gap Nos. 1 through 3, and the purport of the whole pleadings, and the lease contract was concluded between the original defendant who asserted the plaintiff as to the purport of the whole pleadings.

From July 22, 2015, the defendant asserts that the plaintiff did not pay the rent from August 21, 2015 to August 21, 2015, and this is calculated from the date of payment of the rent, and in fact, the plaintiff did not pay the rent from July 22, 2015.

The fee was overdue.

Accordingly, on November 18, 2016, the Plaintiff sent a content-certified mail to the Defendant that the above lease contract is terminated, and around that time, the above lease contract was terminated.

Therefore, from July 22, 2015 to October 21, 2017, the Defendant is obligated to pay unjust enrichment calculated by deducting rental fees or unjust enrichment from KRW 8,910,00,00, the deposit for lease deposit of KRW 3,000, and the remainder of KRW 5,910,000 from October 22, 2017 to the delivery date of the instant store.

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