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1. The defendant shall be the plaintiff.
(a) the delivery of No. 2, No. 102 of the building C in Changwon-si, Changwon-si;
(b)245,961 Won; and
Reasons
1. Indication of claim;
A. On July 20, 2016, the Defendant issued an order from the Plaintiff to the effect that the Plaintiff owned the Plaintiff.
The building mentioned in paragraph (1) (hereinafter referred to as “instant building”) was leased KRW 15 million, monthly rent of KRW 500,000, and the term of lease from July 30, 2016 to July 29, 2018.
B. On July 20, 2016, the Defendant paid to the Plaintiff only KRW 2 million, KRW 3 million on July 23, 2016, and KRW 5 million on July 23, 2016. Instead, the Plaintiff agreed to increase the monthly rent as KRW 550,000 between the Plaintiff and the Plaintiff. On August 9, 2016 and September 2, 2016, the Defendant paid KRW 110,000 (from July 30, 2016 to September 29, 2016).
C. From September 30, 2016 to January 29, 2017, the Defendant delayed KRW 2.2 million. From November 2016 to January 29, 2017, the Defendant paid on behalf of the Defendant the sum of the common electricity charges and common water supply and sewerage charges of KRW 182,701, and the aggregate of the common electricity charges and common water supply and sewerage charges of KRW 113,260, respectively, from February 2017 to April 2017, and the Plaintiff paid on behalf of the Defendant the sum of KRW 295,961 ( KRW 182,701,113,260) on behalf of the Defendant.
On May 26, 2017, a copy of the complaint of this case, including the Plaintiff’s declaration of termination on the grounds of two or more delinquencys, was served on the Defendant.
E. The Defendant occupies and uses the instant building even after May 26, 2017. Since it is ratified that the monthly rent of the instant building was KRW 50,000 per month since May 26, 2017, the amount of delayed rent and unlawful gains equivalent to the rent in arrears from September 30, 2016 to June 29, 2017 is KRW 4,95,000 ( KRW 550,000 x 961) in total, and the amount of overdue rent and unlawful gains equivalent to the rent in arrears is KRW 295,961 in total, including overdue electricity charges, KRW 495,00,000 after deducting the amount of KRW 5,50,000 from the deposit for lease, KRW 245,961 ( KRW 4,95,90,000,000).
2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).