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(영문) 전주지방법원 2019.08.28 2019가단9851
건물명도등
Text

1. The defendant shall be as follows: (1) 1, 2, 3, 4, and 1 as indicated in the annexed drawing among the first floor of the building emitted from the annexed list.

Reasons

1. On July 1, 201, the Plaintiff leased the part of the building, which was emitted from the order of paragraph (1) to the Defendant on July 31, 201, with the lease deposit of KRW 1790,000,000 per month up to July 31, 2013. Accordingly, even though the Defendant paid the Plaintiff a lease deposit of KRW 30,000,000 to the Plaintiff at that time, and the Defendant occupied and used the said part of the building until now, the fact that the Plaintiff was in arrears after April 1, 2015 is not a dispute between the parties. Therefore, there is sufficient room to view that the lease relationship with the said part of the building was completed lawfully at the time of the delivery of the copy of the complaint of this case to the Defendant due to the repeated delinquency by the Defendant.

2. Therefore, the Defendant is obligated to pay to the Plaintiff the remainder after subtracting the amount of KRW 50 million from rent or unjust enrichment calculated by adding up 1.7 million to 1.7 million per month from April 1, 2015 to the completion date of delivery of the said building (including the foregoing lease deposit, in which the said lease deposit is included). Accordingly, the Plaintiff’s claim for the fulfillment of each of the above obligations is accepted.

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