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(영문) 서울중앙지방법원 2020.09.09 2020가단19348
건물명도 청구의 소
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annexed list and the annexed building status;

(b) 150.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment with no ground for recognition (Article 208 (3) 1 and the main sentence of Article 257 (1) of the Civil Procedure Act);

3. Some dismissed parts of the Plaintiff seek payment of rent or unjust enrichment calculated at the rate of KRW 230,00 per month from March 4, 2019 to April 4, 2019. However, the Plaintiff is the Plaintiff who was entitled to the deduction of KRW 80,000 out of KRW 230,000, which the Defendant shall pay to the Plaintiff on March 4, 2019. As such, the Defendant is obligated to pay the Plaintiff rent or unjust enrichment calculated at the rate of KRW 230,00,00 for the remainder of the rent after deduction from the Plaintiff (=230,000 - 80,000) and the amount of rent or unjust enrichment calculated at the rate of KRW 230,00 per month from April 4, 2019 to the delivery date of real estate listed in the attached Table.

Therefore, the part of the Plaintiff’s claim of KRW 80,00 among the rent claims from March 4, 2019 is dismissed as it is without merit.

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