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(영문) 전주지방법원 2019.08.22 2019가단11144
토지인도
Text

1. The Defendant’s KRW 3,285,180 with respect to the Plaintiff and KRW 15% per annum from May 21, 2019 to May 31, 2019.

Reasons

1. The reasons for the indication of the claim are as shown in the Appendix of Claim.

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

3. Partial dismissal;

A. The Plaintiff sought a total of KRW 3,968,819 from 2016 to 2019 on the rent of 3,968,819 on the Donsan-gu Seoul Special Metropolitan City, Jeonju-si, and sought a payment of money calculated at the rate of KRW 1,183,639 per annum from the day following the day on which the copy of the complaint was served ( May 21, 2019) to the day on which the delivery of the above land was completed to the day on which the delivery was completed, but according to the Plaintiff’s assertion and the written lease agreement (Evidence 1) on the above land, the period for calculating rent for the above land is the pertinent year.

3. From 30. to 30.:

3. Since March 30, 2016 to March 29, 2019, a sum of KRW 2,785,180 (i.e., KRW 945,185, KRW 796,801, KRW 1,043,194) and KRW 500,000,00 of the rent or rent calculated at the rate of KRW 1,183,639 per annum from March 30, 2019 to the delivery date of the said land and KRW 1,183,639 shall be granted to the Plaintiff’s claim for the restoration of the original state, and the excess portion shall be dismissed.

Pursuant to the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29768, May 21, 2019 and enforced June 1, 2019) and Article 2(2) of the Addenda, the part of the Plaintiff’s claim for payment of delay damages exceeding 12% per annum from June 1, 2019 to the date of full payment.

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