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(영문) 청주지방법원 2020.07.02 2019나15770
건물철거 및 토지인도
Text

1. Of the judgment of the court of first instance, the part of the claim for return of unjust enrichment against the defendant is modified as follows.

The defendant.

Reasons

1. On August 27, 2008, the defendant acquired the ownership of the building of this case in the public sale procedure. The defendant, on October 9, 2009, leased the land of this case owned by the plaintiff from the plaintiff for 20,000,000 annual rent and 10 years from October 9, 2009, on condition that the payment of rent shall be deferred for 2 years (from 2011 to 2020) and the rent shall be deferred for 2 years (from 2011 to 2020) and thereafter, the plaintiff won for 80,000,000,000 from 2014 to 6457 of the Seoul Central District Court.

Nevertheless, the Defendant did not pay rent, and the Plaintiff filed a lawsuit of this case containing an expression of intent to terminate the instant lease agreement on the grounds of unpaid rent, and a copy of the complaint stating the above declaration of intent was served on April 10, 2019 to the Defendant.

3) On November 20, 2019, Jincheon District Court, Jincheon Registry of Cheongju District, (20400, Nov. 20, 2019), the ownership transfer registration was completed from the Plaintiff to F on the ground of public sale on November 20, 2019. [In the absence of dispute over the ground of recognition, each entry in Gap 1 through 3, Eul 1’s evidence No. 1, the purport of the pleading, the whole purport of the pleading, and the record evident facts.

B. According to the above recognition 1), since the instant lease agreement was lawfully terminated on April 10, 2019, in which the Plaintiff’s declaration of termination was delivered to the Defendant, the Defendant is obligated to pay to the Plaintiff unjust enrichment in an amount equivalent to the rent or rent, calculated by the rate of KRW 20,000,000, calculated each year from December 20, 2014, after the lease term of the rent that was the date when the Plaintiff ordered the Plaintiff to pay for the preceding lawsuit, as sought by the Plaintiff, until November 20, 2019, when the Plaintiff lost its ownership.

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