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(영문) 창원지방법원 2013.12.19 2012가단26230
건물명도 등
Text

1. The Defendant shall have the Plaintiff (Appointed Party) not less than 84.5m2 and 49.96m2 of the underground floor among the real estate listed in the attached Table list.

Reasons

As to the above second floor, the Defendant agreed to pay KRW 4.2 million to the Plaintiff, such as the above decision of recommending reconciliation.

Therefore, with respect to the above second floor, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 4.2 million won per annum as stipulated by the Civil Act from July 16, 2013 to December 19, 2013, which is deemed reasonable for the Defendant to dispute about the existence or scope of the obligation to perform in this case, and 20% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

4. The assertion and determination on the underground floor, the fourth-class lease contract, and the claim for rent

A. The summary of the parties' arguments (units: KRW 500, May 2, 1999; KRW 400, May 2, 1999; and KRW 45, May 2, 199, the contract date * On December 26, 2001, between December 26, 2001 and May 42, 2005, the contract date - On November 26, 2001, the deposit amount: KRW 500, the deposit amount: KRW 400, the rent 15: KRW 500, the deposit amount: KRW 400, the rent 15: the rent 400, the deposit amount: KRW 400, the rent 254, the rent 15: the rent 400, the rent 15, and the 15th basement and the 44th basement, respectively.

The fourth floor deposit is included in the amount of KRW 6 million deposited by the defendant on November 2, 2001.

The rent of the underground floor was reduced by 250,000 won while further leasing the 4th floor.

At the time of the contract, 4 million won of deposit for the fourth floor was separately paid.

On June 2005 to September 88, 2012, * On June 4, 2005, 2005, the date of the contract : The 4th floor changed to June 4, 2005: the 4th floor that is terminated: the defendant changed to the 20th floor to the 20th 20th 5th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 20

B. On May 2, 199, the defendant alleged that he leased not only the underground floor of the building of this case but also the fourth floor on the date of the contract of this case. However, there is no evidence to acknowledge it, and rather, the statement of Gap evidence 2 is written.

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