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(영문) 전주지방법원군산지원 2020.09.29 2019가단50302
건물명도(인도)
Text

The Defendant, as the Plaintiff

(a) deliver the buildings listed in the Annex “List”;

B. From June 1, 2020, the above buildings were constructed.

Reasons

1. In full view of the purport of the entire pleadings in the statement in Eul evidence No. 3 B, the fact that on January 1, 2019, the plaintiff, on the part of the defendant, the building listed in the attached list No. 3 (hereinafter "the building of this case"), KRW 40 million, monthly rent of KRW 2.3 million, monthly rent of KRW 30,000, and the rent of KRW 3000,000, monthly rent of each month from January 1, 2019 to January 1, 2021, when the lessee has delayed the payment of rent at least twice, the lessor can immediately terminate the lease contract (hereinafter "the lease of this case"). Since then, there is a dispute between the plaintiff and the defendant as to whether the rent of this case has been properly paid from June 20, 202, but the defendant's declaration of intention to terminate the lease contract of this case to the defendant without the plaintiff's termination of the lease contract of this case.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff to restore it to its original state, and to pay the rent or unjust enrichment equivalent to the rent of 2.3 million won per month from June 1, 2020 to the delivery date of the building as requested by the plaintiff.

2. As to this, the Defendant alleged that the Plaintiff would not receive the rent until the legal dispute with the former lessor C is settled, the rent is not overdue. However, the fact that the legal dispute between the Plaintiff and C, etc. was settled by mediation between the parties on May 21, 2020 is significant in this court. Accordingly, the Defendant was a person who was operating normally from May 25, 2020 to the fact that the Defendant was operating normally from May 25, 2020. Thus, the Defendant is obliged to pay the rent to the Plaintiff from May 25, 2020.

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