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(영문) 창원지방법원마산지원 2019.10.02 2019가단1575
건물명도(인도)등
Text

1. Defendant B shall pay to the Plaintiff KRW 2,345,00 and the interest rate of KRW 12% per annum from October 3, 2019 to the date of full payment.

Reasons

1. Indication of claim;

A. On November 12, 2012, the Plaintiff leased to C the entire 49.5 square meters of the second floor among the buildings listed in the attached Table 1 list owned by the Plaintiff (hereinafter “instant housing”) as KRW 5,000,000 for the term of lease from December 29, 2012 to January 31, 2015.

B. On February 15, 2016, the Plaintiff again leased the instant house to C with the term of lease from February 29, 2016 to February 28, 2017, KRW 1,000,000, KRW 550,000, monthly rent, and KRW 15,000, monthly water rate.

C. C, while residing in the instant house together with the Defendant, around January 2016, when residing in the instant house, was married directors in the instant house. The Defendant continued to reside with his/her child in the instant house, and transferred the instant house to the Plaintiff on April 2019.

From December 29, 2016 to March 28, 2019, the sum of the rent and the water rate of KRW 15,255,000. Among them, the Defendant paid KRW 7,910,000 to the Plaintiff as shown in the attached Table 2, and on April 2019, the Defendant paid KRW 5,00,000 to the Plaintiff when transferring the instant house to the Plaintiff as of April 2019.

E. Therefore, the Defendant is obligated to pay to the Plaintiff 2,345,000 won with unjust enrichment (i.e., KRW 15,255,000 - KRW 7,910,000 - 5,000,000) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the day following the day on which the instant sentencing was rendered to the day of full payment, as sought by the Plaintiff.

2. Judgment based on the recommendation of confession (Article 208 (3) 2 of the Civil Procedure Act).

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