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Reasons
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(영문) 청주지방법원충주지원 2017.05.10 2016가단23345
건물명도
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1. Defendant D is calculated by the ratio of KRW 4,270,000 to KRW 3,080 per month from September 6, 2016 to November 14, 2016.

Reasons

1. Indication of claim;

A. On March 2, 2015, the Plaintiff, the owner of the building indicated in the attached Table 1 list, was each set of KRW 30,00,00 in deposit money, KRW 30,00,00 (including value-added tax) from March 6, 2015 to March 6, 2020 and leased to Defendant D with each of the items indicated in the attached Table 2 drawings among the 1st floor of the building in question, which are linked to Defendant D with each of the items listed in the attached Table 1, 2, 3, 4, 5, 6, 7, 8, and 1.

(hereinafter “instant lease agreement”). B.

As Defendant D did not pay a rent under the instant lease agreement, it exceeded KRW 34,270,00 as of September 5, 2016. Accordingly, the instant lease agreement was terminated upon delivery of a copy of the instant complaint to the Defendant on November 4, 2016.

C. On November 15, 2016, the Intervenor succeeded to the Plaintiff acquired ownership of 1/2 shares among the instant buildings. D.

Defendant D occupies the instant building, and Defendant E resides in the instant building.

E. Therefore, Defendant D is obligated to pay to the Plaintiff the amount of unjust enrichment equivalent to KRW 30,00 from KRW 34,270,000,00 which was unpaid under the instant lease agreement, less KRW 30,000,000, and from September 6, 2016, the following day before September 5, 2016, the Plaintiff’s ownership of the instant building from September 14, 2016 until November 14, 2016, which is the day before the date of the Plaintiff’s loss of ownership. Defendant D is obligated to deliver the instant building to the Plaintiff’s succeeding Intervenor. The instant building is handed over to the Plaintiff. From November 15, 2016, the date of the Plaintiff’s acquisition of ownership of KRW 1/2 of each of the instant building from November 15, 201 to the completion date of the said transfer to the Plaintiff’s 1,540,000 (=3,000,00).

2. Grounds for recognition;

A. Defendant D: Confession.

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