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(영문) 춘천지방법원 강릉지원 2018.05.01 2017가단33519
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From July 16, 2017, the amount of KRW 5,160,00 and the amount of KRW 5,160.

Reasons

On June 7, 2016, the Plaintiff leased real estate listed in the separate sheet (hereinafter referred to as “instant building”) to the Defendant with a deposit of KRW 10 million, monthly rent of KRW 880,00 (including additional tax), and KRW 24 months for the term of the lease. The Defendant paid only one million out of the deposit to the Plaintiff, and the Plaintiff was unable to pay the rent from January 2017 to July 2017. Accordingly, the Plaintiff’s notification of the termination of the lease agreement to the Defendant is not in dispute between the parties or may be recognized by comprehensively taking into account the respective entries in subparagraphs 2, 3, and 4 and the entire purport of the pleadings.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff upon termination of the lease agreement, and pay the amount equivalent to the rent of KRW 6,160,000 calculated by deducting the deposit of KRW 1,00,000 from the deposit of KRW 6,160,00 for seven months from January 1, 2017 to July 2017 (=80,000 x 7) and the unjust enrichment of KRW 880,000 for each month from July 16, 2017.

Therefore, the plaintiff's claim is justified, and it is so decided as per Disposition by applying Articles 98 and 213 of the Civil Procedure Act to the burden of litigation costs and the declaration of provisional execution.

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