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(영문) 창원지방법원거창지원 2016.07.12 2016가단726
건물인도
Text

1. The defendant shall be the plaintiff.

(a) deliver the fourth-story office 258.06 square meters of buildings listed in the attached list;

B. On December 1, 2014

Reasons

1. Indication of claim;

A. On November 25, 2008, the Plaintiff completed registration of initial ownership relating to the building listed in the attached list (hereinafter “instant building”).

B. On November 1, 2009, the Plaintiff leased 50,000,000, monthly rent of KRW 1,200,000, monthly management fee of KRW 140,000 (amount converted into usage), monthly management fee of KRW 140,000 (amount converted into usage), from November 30, 2009 to November 30, 201 (hereinafter “instant lease contract”), among the instant building, to the Defendant at the fourth floor office of this case (hereinafter “instant lease”), and thereafter, handed over the instant office to the Defendant.

C. From November 201, the Defendant did not continue to pay the rent for the rent from November 201, and thus, the amount of the rent in arrears reaches three-year rents. For this reason, the duplicate of the instant complaint stating the Plaintiff’s declaration of intent to terminate the instant lease agreement was served on the Defendant on May 16, 2016.

The defendant is occupying and using the office of this case until now.

E. Therefore, inasmuch as the instant lease agreement was lawfully terminated on May 16, 2016, the Defendant is obligated to deliver the instant office to the Plaintiff. Since the Plaintiff was not paid the rent and management fee, the Defendant is obligated to pay the Plaintiff the rent or unjust enrichment amounting to KRW 1,340,00 per month from December 1, 2014 to the date the delivery of the instant office is completed (i.e., the rent or unjust enrichment amounting to KRW 140,00,000, which is calculated at the rate of KRW 140,000 from December 1, 2014 to the date the Plaintiff was paid the rent

2. Judgment with no applicable provisions of Acts (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

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