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Reasons
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(영문) 창원지방법원진주지원 2015.05.28 2014가단35439
건물명도
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1. Defendant B:

(a) deliver one floor of the buildings listed in the separate sheet;

B. 8,900,000 won and January 1, 2015

Reasons

1. Around January 26, 2011, the Plaintiff indicated the claim to Defendant B with the term of lease from February 26, 201 to February 25, 2014, the deposit amount of KRW 5,000,000, and monthly rent of KRW 200,000.

However, Defendant B paid KRW 300,000 to the Plaintiff on the day of the above contract as advance payment, but did not pay the said deposit and rent at all.

On February 12, 2014, the Plaintiff leased two floors to Defendant C, among the buildings listed in the attached Table, from February 12, 2014 to February 11, 2016, to KRW 1,000,000, and monthly rent of KRW 200,000.

However, Defendant C paid KRW 1,00,000 as deposit and KRW 200,00 as monthly rent for the first month, but did not pay any subsequent rent.

The Plaintiff shall terminate each of the above lease agreements on the grounds of the Defendants’ delinquency in the payment of rent.

Therefore, Defendant B is obligated to deliver to the Plaintiff one floor among the buildings listed in the separate sheet, and to pay unjust enrichment calculated by deducting advance KRW 300,000 from the total amount of unpaid rent from KRW 9,200,000 during the period from February 26, 2011 to December 25, 2014, as well as KRW 8,900,000, which the Plaintiff sought thereafter, from January 1, 2015 to the completion date of delivery of the said building at the rate of KRW 20,000 per month.

In addition, Defendant C is obligated to deliver to the Plaintiff the second floor among the buildings listed in the attached list, and pay to the Plaintiff unjust enrichment calculated by deducting deposit of KRW 1,800,000 from the total amount of unpaid rent of KRW 1,80,000 from March 12, 2014 to December 11, 2014, and thereafter, the Plaintiff is obligated to pay to the Plaintiff unjust enrichment calculated at the rate of KRW 200,000 per month from January 1, 2015 to the completion date of delivery of the above building.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

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