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(영문) 인천지방법원부천지원 2016.04.27 2016가단1863
건물명도등
Text

1. The defendant shall be the plaintiff.

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

B. From April 18, 2016, the amount of KRW 7,700,00 and KRW 7,700.

Reasons

1. On June 15, 2015, the Plaintiff indicating the claim: (a) paid a house (the real estate indicated in the attached list; hereinafter “the apartment of this case”) to the Defendant KRW 40 million; (b) KRW 110,000,000 per month; and (c) from June 18, 2015 to June 18, 2017; and (d) the leased Defendant occupied and used the apartment of this case upon delivery on June 18, 2015; and (c) paid only KRW 3.3 million for three times from July 20, 2015 to September 21, 2015; and (d) the Plaintiff paid the leased house of this case by delivery of a duplicate of the complaint of this case on the grounds of the Defendant’s delinquency for at least two months; and (e) the Plaintiff returned the leased house of this case and paid the rent of this case or the amount of the rent of unjust enrichment.

2. Even based on the grounds for the claim indicated in a written complaint of partial dismissal, when the Defendant’s delay in rent exceeds KRW 7.7 million on April 17, 2016, the amount calculated by deducting KRW 3.3 million from the Defendant’s total rent for the ten-month period from June 18, 2015 to April 17, 2016 shall be KRW 7.7 million if the deduction is made from the Defendant’s total rent for the three-month period from June 18, 2015 to KRW 1 million.

The defendant has a duty to pay the amount of KRW 7.7 million and the amount of money calculated by the rate of KRW 1.1 million per month from April 18, 2016 to the return date of the leased object.

Since the entry of the purport of the claim on the premise that the overdue rent is KRW 7.7 million until January 2016 appears to be an obvious error, the part demanding the payment of overdue rent for the period before April 18, 2016 is rejected.

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

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