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(영문) 서울남부지방법원 2015.01.30 2014가단64190
건물명도 등
Text

1. The defendant shall be the plaintiff.

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

B. From February 2, 2015, the above-mentioned A

subsection (b).

Reasons

1. Grounds for claim;

A. Conclusion of a lease agreement (a.e., security deposit of KRW 10 million, monthly rent of KRW 1.8 million, and value-added tax) dated June 16, 2014 on real estate listed in the attached list between the Plaintiff and the Defendant (excluding value-added tax)

B. On November 20, 2014, the termination of the lease agreement by the Plaintiff on the grounds of the Defendant’s delinquency in rent two or more times.

C. A claim for delivery of the above real estate and a claim for unjust enrichment calculated by the ratio of KRW 1980,000 per month from February 2, 2015 to the completion date of delivery of the above real estate (i.e., value added tax of KRW 1.80,000,000)

2. Grounds for recognition: Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. Part of the period of partial withdrawal is that the Plaintiff sought damages for delay calculated at the rate of 25% per annum on future rent and unjust enrichment equivalent to value-added tax (see, e.g., Supreme Court Decision 41,250 won per month = (1,800,000 won) ¡¿ 25% per annum. However, with respect to unjust enrichment to be incurred in the future, the Plaintiff cannot be held liable for delay as it has not become final and conclusive whether it has been delayed. Thus, this part of the claim is without merit.

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