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(영문) 창원지방법원 마산지원 2018.10.16 2018가단102433
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

B. KRW 7,830,696 and its related amount on September 1, 2018

Reasons

1. Facts of recognition;

A. On November 1, 2016, the Plaintiff leased the building listed in the attached list (hereinafter referred to as “instant building”) to the Defendant, with a deposit of KRW 15 million, rent of KRW 1.5 million per month (excluding value-added tax), and the period from November 15, 2016 to November 14, 2018.

(hereinafter “Lease of this case”). (b)

On April 3, 2018, the Plaintiff sent a letter verifying that the Defendant notified the termination of the lease of this case to the Defendant on April 3, 2018, when the rent in arrears was overdue.

C. The Defendant is occupying and using the instant building until now, and the rent incurred until August 31, 2018 is KRW 2,1450,000 (including KRW 13,00,000) and the electricity fee is KRW 1,380,696.

In this case, the plaintiff asserts that overdue rent, etc. should be deducted from the lease deposit.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 4, the purport of the whole pleadings

2. According to the above facts of determination, since the lease of this case was terminated upon the termination of rent in arrears, the Defendant is obligated to deliver the instant building to the Plaintiff, and the Defendant is obligated to pay the Plaintiff a total of KRW 7,830,696, including rent in arrears remaining after deducting from the lease deposit (= KRW 1450,000, KRW 1380,696 - KRW 15 million) and damages for delay calculated by the rate of 5% per annum as stipulated in the Civil Act from September 1, 2018 to the date of full payment, which the Plaintiff seeks, and the amount of unjust enrichment calculated from September 1, 2018 to September 1, 2018 to the date of delivery of the said building (the amount equivalent to the rent, including value-added tax).

3. The plaintiff's claim for conclusion is accepted on the grounds of all.

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