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(영문) 서울서부지방법원 2016.04.06 2015가단36184
건물명도
Text

1. The defendant shall be the plaintiff.

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

(b) As from March 21, 2016, 21,551,031 and as above.

Reasons

Although the Plaintiff leased the building listed in the attached list (hereinafter “instant building”) to the Defendant on the monthly rent of two million won (management expenses, 1.50,000 won and surtax separate), the Plaintiff asserted that the Defendant had terminated the contractual relationship by notification of termination on October 30, 2015, and that as of March 20, 2016, the sum of the rent or its equivalent amount of unjust enrichment, management expenses, and late payment charges for the previous period is KRW 21,51,031 (including surtax) and the amount equivalent to the monthly rent is equivalent to KRW 2,00,000,000 per month.

As to this, the defendant does not clearly dispute the plaintiff's assertion because he did not appear at the date of pleading even after being summoned due to the service by public notice, and did not submit the written answer and other preparatory documents.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff following the termination of the lease agreement, and pay the Plaintiff money calculated by applying the ratio of KRW 2,365,00 (including additional tax) to the unjust enrichment equivalent to the monthly rent from March 21, 2016 to the delivery of the said amount of monthly rent plus the agreed management expenses. Thus, the Plaintiff’s claim seeking such payment is with merit, and it is so decided as per Disposition by the assent of all participating Justices.

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