(영문) 서울동부지방법원 2018.03.16 2017가단21535

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(영문) 서울동부지방법원 2018.03.16 2017가단21535

건물명도 등

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1. The defendant shall be the plaintiff.

(a) Of the three floors of the buildings listed in the attached list, each point of the attached Form 3, 4, 5, 6, and 3.

Reasons

1. On March 13, 2010, the Plaintiff entered into a lease contract with the Defendant for a fixed period of 10 million won, monthly rent, 880,000 won, and from April 15, 2010 to 24 months with respect to the lease deposit for the portion of 9.17 square meters inboard (A) connected each point of 3,4,5,6, and 9.17 square meters (hereinafter “instant building”) among the three floors of the building listed in the attached list owned by the Plaintiff, among the three floors of the building listed in the attached list owned by the Plaintiff, and the said lease contract was delivered to the Defendant on the following occasions. The Defendant did not pay the lease contract for a long period of delay (3,460,000 won in arrears until February 14, 2017), but the Defendant did not pay the lease contract for a long period of 100,000 won to the Defendant on January 16, 2017.

2. According to the above facts, the above lease agreement between the Plaintiff and the Defendant was lawfully terminated and terminated on February 14, 2017 according to the Plaintiff’s notice of termination on January 16, 2017.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay to the Plaintiff the amount of 2,5460,000 won remaining after deducting KRW 10,000,000 from the sum of the overdue rent or the amount of unjust enrichment equivalent to the overdue rent from October 14, 2017 to the amount of 35,460,000 won, and to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from November 4, 2017 to the date of complete payment, as sought by the Plaintiff. The Defendant is obligated to pay the amount of unjust enrichment equivalent to the difference calculated at the rate of KRW 880,00 per month from October 15, 2017 to the date of delivery of the said building.

3. If so, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

참조조문

-소송촉진 등에 관한 특례법

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