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(영문) 수원지방법원성남지원 2015.01.30 2014가단23880
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver 48.68 square meters of geographical strata among the buildings listed in the attached list;

(b) KRW 5,850,000; and

Reasons

1. The facts of recognition C, on December 24, 2008, set the lease deposit of 48.68 square meters on the branch floor among the buildings listed in the attached Table to the Defendant as KRW 3,000,000, monthly rent of KRW 250,000, and the lease term of KRW 10,000 from January 10, 209 to January 10, 201, and completed the registration of ownership transfer on August 25, 2009. The Defendant did not notify the Defendant of the fact that the Plaintiff did not pay rent of 14,750,000 won from August 25, 2009 to July 24, 2014 (59 x 250,000 won x 250,000 won among the buildings listed in the attached Table to the Defendant, and the Plaintiff did not have reached the entire purport of the lease contract between the Defendant and the Defendant for delay of subparagraph 10,000.

2. According to the facts of the above recognition, the lease contract of this case was lawfully terminated upon the Defendant’s delinquency in rent and the Plaintiff’s termination notice at least two years.

As such, the Defendant is obligated to deliver to the Plaintiff the 48.68 square meters of the branch floor among the buildings listed in the attached list, and pay 5,850,000 won (i.e., 8,850,000 won - 3,000,000 won), which the Plaintiff seeks to deduct the deposit deposit from the rent in arrears, and to pay damages for delay at the rate of 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from August 2, 2014 to the date of complete payment, which is the day following the delivery of the copy of the complaint in this case, and to pay rent or unjust enrichment at the rate of 250,000 won per month from July 25, 2014 to the date of delivery of the above part of the building.

3. According to the conclusion, the plaintiff's claim is accepted as reasonable.

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