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(영문) 수원지방법원 2016.05.26 2015가단61855
건물명도
Text

1. The defendant shall be the plaintiff.

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

(b) KRW 18,480,000 and this shall be applicable thereto.

Reasons

1. Indication of claim;

A. On September 23, 2013, the Plaintiff leased the building listed in the attached list to the Defendant as KRW 30,000,000 for lease deposit, and monthly rent of KRW 3,080,00 for lease deposit (including value-added tax).

B. On September 7, 2015, and November 2, 2015, the Plaintiff expressed his/her intention to terminate the said lease on the grounds of delinquency in rent at least two occasions to the Defendant on September 7, 2015 and November 2, 2015, and the said declaration of intention reached the Defendant around that time.

C. Therefore, inasmuch as the instant lease contract was terminated, the Defendant is obligated to order the Plaintiff to use the said building, and pay the Plaintiff the amount of unjust enrichment equivalent to the amount of 18,480,000 won (3,080,000 won x 6) calculated on December 1, 2015, calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from January 20, 2016 to the date of complete payment, and damages for delay calculated at the rate of 3,080,000 won per annum from January 20, 2016 to the date of complete payment, and the amount of unjust enrichment equivalent to the amount of rent calculated at the rate of 15% per annum from December 1, 2015 to the date of full payment.

2. Judgment on deemed confession (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act);

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