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(영문) 대전지방법원 2014.09.02 2014가단201800
건물명도
Text

1. The defendant

(a) deliver the buildings listed in the separate sheet;

(b) 9,205,647 Won and 9,128,228 Won among them;

Reasons

1. Determination on the cause of the claim

A. The Plaintiff’s assertion (1) the lease contract for the real estate indicated in the separate sheet between the Plaintiff and the Defendant (hereinafter “instant building”) was terminated by the Plaintiff’s declaration of termination of the lease contract on the grounds of the expiration of the term or the Defendant’s declaration of intention of termination of the lease on the grounds of

Therefore, the plaintiff seeks the delivery of the building of this case to the defendant.

(2) The Plaintiff’s above lease agreement to the Defendant from July 15, 2012 to the same year.

8. From February 15, 2013 to the same year.

3. From July 15, 2014 to the same year.

9. Until October 15, 2014, from October 14, 201 to January 14, 2014, 6,160,000 won calculated by 880,000 won per month as unjust enrichment equivalent to the overdue rent or rent, and 4,800,000 won per month as unjust enrichment equivalent to the overdue rent or rent from January 15, 201 to July 14, 2014, plus 10,960,000 won per month; the Defendant did not pay management expenses for the building of this case from December 15, 201 to January 14, 201; Defendant did not pay management expenses for the building of this case; Defendant paid 8,658,50 won in lieu of management expenses; 19,1618,508,509, 106, 1008, 20508, 2005, 206, 50608

(3) In addition, the Plaintiff sought payment of the amount calculated by applying the rate of KRW 800,000 per month to the Defendant for unjust enrichment equivalent to the rent from the day following the day of service of the duplicate of the instant claim and the application for modification of the cause of the claim to the day of delivery of the instant building.

B. (1) The lower court did not have any dispute over the claim for the delivery of the instant building, and comprehensively taking account of the overall purport of the pleadings as to the statement in Gap evidence No. 1, the Plaintiff entered into a lease agreement between the Defendant on October 28, 2011, setting the lease deposit amount of KRW 10,000,000 for the instant building, the rent of KRW 80,000 per month in advance (excluding value-added tax), and the lease term of KRW 15, 201 for December 15, 201 to December 15, 2013.

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