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(영문) 광주지방법원 2016.11.25 2016나3337
건물명도
Text

1. Of the judgment of the court of the first instance on the part concerning the claim for monetary payment of the principal lawsuit, the amount exceeding the following order ordering payment.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except for the following modifications or additions. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary or added parts] Part 2, 10, and 11 of the Decision of the court of first instance "B" shall be added to the building stated in the attached Form "B" list of the second floor in the 2nd floor in the Seoul-gun, New-gun, Seoul.

Part 3 of the judgment of the first instance court shall be referred to as "the copy of the complaint of this case".

The building stated in attached Form 6 of the judgment of the first instance court shall be built into the "building of this case".

On the third side of the judgment of the court of first instance, "the premise that the above lease contract has been cancelled and the right to claim restitution has occurred" shall be added in front of the "Defendant" in the 12th sentence.

In Part 3 of the decision of the first instance court, the "Defendant" in Part 16 shall be added to "other than those in arrears as above."

On the third side of the judgment of the court of first instance, the phrase “on deduction” in the 18th sentence shall be added to “no deposit is available for any remaining lease.”

No. 5 and 18 of the first instance court's 4 pages 7 shall be written with "No. 5 and No. 18-1 through 3 of the evidence No. 18".

Part 4 of the judgment of the first instance court, " April 6, 2015" in Part 8 shall be applied " September 30, 2015".

The 4th to 17th of the decision of the first instance shall be followed as follows.

In addition, the amount that the defendant is liable to pay to the plaintiff as unjust enrichment equivalent to the rent or rent is 5,830,644 won [1.2,250,00 won in the previous arrears as seen earlier + 2,790,322 won in the aggregate of the rents that accrue from March 25, 2014 to June 5, 2014 (the termination date of the instant lease contract) (2) from March 25, 2014 to June 25, 2014, 1,790,322 won [750,00 won ¡¿ 2 + 12/31), and hereinafter the same shall apply.

(3) The Plaintiff is the Defendant, as the sum of 1,790,322 won (=750,000 won + 2 + 12/31) equivalent to the rent from June 6, 2014 to August 17, 2014.

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