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(영문) 서울동부지방법원 2018.10.19 2018가단5554
건물명도(인도) 등
Text

1. The Defendants jointly deliver to the Plaintiff the real estate listed in the separate sheet.

2. The Plaintiff:

A. Defendant B.

Reasons

1. On April 1, 200, the Plaintiff entered into a monthly rent contract with Defendant B, setting the lease deposit amount of KRW 1 million for the real estate indicated in the separate sheet, KRW 100,000 as of the end of the monthly rent, and the contract term of one year for the monthly rent.

Defendant B, without the Plaintiff’s permission, had Defendant C use the above building on March 11, 2014, and Defendant C currently occupies and uses it.

Defendant B did not pay part of the monthly rent from April 1, 200 to the present date, and as of February 28, 2018, Defendant B did not pay KRW 12,300,000 as of February 28, 201.

On the other hand, on March 11, 2014, Defendant C agreed to pay 100,000 won per monthly rent to the Plaintiff, but on February 28, 2018, Defendant C did not pay 4.8 million won as of February 28, 2018.

The unpaid management expenses from 2014 to 2018 are 4,145,980 won.

The Plaintiff requested the Defendants to pay the overdue rent and deliver a building on the ground of the delinquency in the monthly rent.

Therefore, the Defendants jointly deliver the real estate listed in the separate sheet to the Plaintiff, and Defendant B is obligated to pay to the Plaintiff 21,245,980 won in arrears plus unpaid management expenses of KRW 17,100,00 in excess of KRW 4,145,980 in excess of KRW 21,245,980 in excess of KRW 100,00 in each month from March 1, 2018 to the delivery date of the building, and to pay unjust enrichment equivalent to the rent or rent at the rate of KRW 100,00 in excess of KRW 4,145,980 in excess of the above amount with Defendant B. Defendant C is jointly obligated to pay 8,945,980 in excess of the overdue rent and unpaid management expenses of KRW 480,00 in excess of KRW 4,145,980 in excess of the above amount and damages for delay from March 1, 2018 to the delivery date of the building.

2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

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