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(영문) 창원지방법원마산지원 2017.10.18 2017가단2789
건물명도(인도)
Text

1. The Plaintiff:

A. The Defendants jointly indicate the annexed drawings among the first floor of the buildings listed in the annexed list. B, C, and C.

Reasons

1. Facts of recognition;

A. Defendant B’s order on May 1, 2014, from the Plaintiff, Article 1-A of the Disposition against the Plaintiff.

The building mentioned in paragraph (1) (hereinafter referred to as the "building in this case") was leased by setting the lease deposit amount of KRW 20 million, monthly rent of KRW 180,000,000 (excluding value-added tax) without a lease term agreement.

(hereinafter referred to as the “instant lease contract”). B.

Defendant B paid only KRW 5 million as the lease deposit to the Plaintiff, and did not pay KRW 37,730,590 in total monthly rent and electricity fee until December 31, 2015.

(A) Evidence 3. (c)

On January 7, 2016, Defendant B paid to the Plaintiff a sum of KRW 37,730,590,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

From May 1, 2014, Defendant C occupied and used the instant building with Defendant B, and on January 7, 2016, Defendant C guaranteed the Plaintiff’s obligation as the lessee.

E. The Plaintiff’s above No. 1-C from the Defendants

The overdue charge in the port was paid KRW 5 million on April 19, 2016, and KRW 3 million on June 16, 2016, among KRW 32 million.

F. Defendant B did not pay the monthly rent from January 1, 2016 to May 31, 2017. The duplicate of the complaint of this case, stating the Plaintiff’s declaration of termination on the grounds of three or more years of default, was served on the Defendants on June 8, 2017.

G. The Defendants are occupying and using the instant building even after June 8, 2017, and it is ratified that the monthly rent of the instant building was KRW 1.8 million per month (excluding value-added tax) after June 8, 2017.

H. The amount of unjust enrichment equivalent to monthly rent or monthly rent from January 1, 2016 to August 31, 2017 is 36 million won in total (18 million won x 20 months), value-added tax on monthly rent from January 1, 2016 to January 31, 2017, total of 23.4 million won (18 million won x 13 months), and value-added tax on monthly rent from January 1, 2016 to January 31, 2017.

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