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(영문) 창원지방법원마산지원 2016.02.05 2015가합687
건물명도등
Text

1. The defendant delivers to the plaintiff the building indicated in the attached list, and from October 30, 2015, the above building shall be transferred to the plaintiff.

Reasons

1. Indication of claim;

A. On December 3, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit of KRW 100 million, monthly rent of KRW 9 million, and the lease term from January 30, 2015 to January 29, 2018 (hereinafter “instant lease agreement”).

The Plaintiff received the lease deposit from the Defendant, and delivered the instant building to the Defendant on January 30, 2015.

B. However, on March 30, 2015, the Defendant did not pay monthly rent and value-added tax, and on May 27, 2015, the Plaintiff notified the Defendant that the instant lease contract will be terminated on the ground of the two-year rent delay.

C. Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff following the termination of the instant lease agreement, and pay the unpaid rent or unjust enrichment equivalent to the rent for seven months from March 30, 2015 to October 29, 2015 (i.e., KRW 9,00,000 x 1.1 x 7 months) and the amount of KRW 9,00,000 per month from October 30, 2015 to the completion date of delivery of the said building (= KRW 9,00,000 x 1.1).

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

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