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(영문) 수원지방법원 2017.05.10 2017가단4542
건물인도등
Text

1. The Defendant: (a) indicated in the attached Table 1, 2, 3, 4, 5, and 1 of the attached drawings among the 247.1m2 of buildings listed in the attached Table 247.1m2.

Reasons

1. Indication of claim;

A. On January 24, 2013, the Plaintiff, among buildings 247.1 square meters on the second floor listed in the attached Table 247.11 square meters, leased 90.07 square meters in part (A) of the attached drawing connected each point in order to the Defendant as indicated in the attached Table 1, 2, 3, 4, 5, and 1 (hereinafter “instant building”) to KRW 20 million in deposit, KRW 70 million in rent, KRW 120,000 per month, and period from February 1, 2013 to February 2, 2015.

B. From July 1, 2015 to September 30, 2016, the Defendant delayed the rent of KRW 10.5 million and the management fee of KRW 1.4 million.

The Defendant paid KRW 1.9 million to the Plaintiff until January 31, 2017, and agreed to pay the rent and management expenses on the fixed date from October 2016, but to not extend the lease on February 2, 2017.

C. The Defendant delayed the rent and management expenses from November 201 to December 2016, 2016, and paid 200,000 won out of the rent on January 2017, and did not pay the remainder of 50,000 won.

The plaintiff terminated the lease by serving a duplicate of the complaint of this case.

E. C, a co-owner of the instant building, transferred to the Plaintiff the claim for return of unjust enrichment on the instant building after the termination of the lease, and the notice of assignment of the said claim reaches the Defendant on February 24, 2017.

F. Therefore, the Defendant shall deliver the instant building to the Plaintiff, and shall pay to the Plaintiff the amount of KRW 12.4 million plus KRW 5 million for the unpaid rent of KRW 11.9 million and the amount of unjust enrichment equivalent to KRW 820,00 per month from February 1, 2017 to the time of transferring the instant building.

2. Judgment made in the constructive confession (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act);

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