토지인도
1. The defendant shall be the plaintiff.
A. Of C, “6,349 square meters of land for a factory in Jeonju-si” and “D 1,378 square meters of land in Jeonju-si.”
1. The fact that the Plaintiff is recognized is the owner of “6,349 square meters of land for a factory in Jeonju-si” and “1,378 square meters of land D in Jeonju-si” (hereinafter “instant land”).
원고와 피고는 2009. 2. 1. 이 사건 토지 중 약 200평에 관하여 임대차보증금 300만 원, 차임 월 100만 원으로 정하여 임대차계약(이하 ‘이 사건 임대차계약’이라 함)을 체결하였고, 피고는 이 사건 토지 중 임차한 부분에 별지 도면 표시 ㈎부분 18㎡, ㈏부분 18㎡ 및 ㈐부분 18㎡에 각 컨테이너를 설치한 다음 ‘E’이라는 상호로 폐기물 수집처리 영업을 하고 있다.
From August 2013, the Plaintiff and the Defendant agreed to reduce the rent from KRW 1,00,000 per month to KRW 550,000 per month, and accordingly, agreed to do so.
However, the defendant did not pay the rent, but paid a few months at once, and 3,995,000 won was unpaid as of September 30, 2017.
[Ground of recognition] Unsatisfy, Gap 1-7 evidence, Eul 1-14 evidence, the purport of the whole pleadings
2. Determination
A. According to the facts of the judgment on the cause of the claim, although the Defendant had the obligation to pay the Plaintiff the rent pursuant to the instant lease agreement, the Defendant had been in arrears for more than two years, which was brought to the instant lawsuit, around March 2017, and on this ground, filed the instant lawsuit to the effect that the Plaintiff terminated the instant lease agreement and served the Defendant on April 3, 2017, so the instant lease agreement was lawfully terminated and terminated.
Therefore, the Defendant is obligated to remove three container facilities on the ground of the instant land to the Plaintiff, deliver the instant land to the Plaintiff, and pay for unjust enrichment equivalent to the rent calculated by the ratio of KRW 3,995,00 in overdue rent and KRW 550,00 in monthly rent from October 1, 2017.
However, on December 4, 2017, the Defendant’s rent 110,000 won to the Plaintiff.