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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. On March 27, 2013, the Plaintiff filed a claim suit against C with the Seoul Central District Court 2013Kadan84382 (hereinafter “instant lawsuit”). The gist of the Plaintiff’s assertion in the instant lawsuit is as follows.
On March 24, 2008, the Plaintiff entered into a lease agreement with C as of March 24, 2008, respectively, with a deposit of KRW 50 million, KRW 50 million, KRW 500,000, KRW 4,500,000, and the period from March 24, 2008 to March 23, 2013 (hereinafter “the instant lease agreement”). The Plaintiff transferred the leased object of this case to C, among the buildings with 5 floors of reinforced concrete lux in Seoul, Gangnam-gu Da-gu, Seoul, with a deposit of KRW 10.22 square meters, KRW 110.22 square meters, and KRW 110.22 square meters on the fourth floor (hereinafter “the leased object of this case”).
Since C continues to possess the leased object of this case without delivering it to the Plaintiff, upon the expiration of the lease term on March 23, 2013, upon the expiration of the lease term, upon deducting the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 4,500,000 per month from March 24, 2013 to the completion date of delivery of the leased object of this case, C is obligated to receive the remaining money from the Plaintiff, and at the same time deliver the leased object of this case to the Plaintiff.
B. Although the written complaint filed by the Plaintiff in the instant lawsuit was served to C on April 10, 2013, C did not submit a written answer by the deadline for submission of the written answer (30 days), the full bench of the instant lawsuit sent a notice to C on May 20, 2013 that the date of sentencing shall be 10:55 on May 31, 2013. The notice of the date of sentencing was served to the Plaintiff on May 22, 2013, and was served to C on May 23, 2013.
C On May 22, 2013, the defendant was appointed as a legal representative, and on the same day, the defendant's legal representative has recently accepted the above case, and I would like to arrange the case and submit a specific answer.