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(영문) 인천지방법원 2019.03.28 2018가단270899
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From January 1, 2019, the amount of KRW 8,000,00 and KRW 8,000.

Reasons

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

2. Judgment with no ground for recognition (Article 208 (3) 1 of the Civil Procedure Act);

3. The purport of partial dismissal is to seek payment of KRW 8 million due to the Defendant’s unpaid rent up to December 2018, as well as seeking payment from December 17, 2018 to the Defendant of the amount calculated by the ratio of KRW 500,000 per month from the date when the delivery of the building as stated in Section 1(a) is completed, but the agreement between the Plaintiff and the Defendant that the lease contract entered into between the Plaintiff and the Defendant shall be paid as “after payment” on the 10th of each month, as indicated in the attached Form 1’s statement on the grounds of the claim. The period during which the rent occurred is from the first day of each month to

However, the rent between the Plaintiff and the Defendant is 8 million won due until December 2018, and when based on the statement on the grounds of the claim attached hereto, the lease contract period between the Plaintiff and the Defendant is from September 1, 2016 to August 31, 2018, and the rent between the Defendant was paid by the Defendant is 12 months in total. Thus, even if the Plaintiff’s calculation is based, the rent is calculated by the amount of eight million won until December 2018.

Therefore, the starting point of calculating the amount that the plaintiff can claim for damages equivalent to rent or unjust enrichment to the defendant shall be the amount calculated by the ratio of KRW 500,000 per month from January 1, 2019 to the delivery date of the building as stated in Disposition 1 (A).

The plaintiff's claim in excess of this part is dismissed for reasons.

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