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(영문) 서울서부지방법원 2016.04.22 2015가단28800
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet (the entire area of 53.52 square meters on the ground floor);

(b)867,420 won;

Reasons

1. Indication of Claim: The Plaintiff leased the building listed in the attached list (hereinafter referred to as “instant building”) to the Defendant for the contract term of two years (from November 11, 2013 to November 11, 2015), the deposit amount of KRW 5 million, and monthly rent of KRW 350,000,000. The Defendant did not pay the monthly rent after the first two months. The Defendant did not pay the monthly rent after deducting the overdue rent from the deposit ( there is no deposit remaining after deducting the overdue rent, and the aggregate of the unpaid rent as of August 11, 2015 is KRW 867,420), and even if the lease term expires, the building of this case is not delivered.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, pay the unpaid rent of KRW 867,420, and pay unjust enrichment equivalent to the rent calculated by the ratio of KRW 350,000 per month from August 20, 2015 to the completion date of delivery of the instant building.

2. Grounds: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

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