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(영문) 광주지방법원순천지원 2020.06.18 2019가단83998
건물인도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The defendant shall pay 9.78 million won to the plaintiff and this.

Reasons

1. The fact that on March 21, 2012, the deceased and the defendant acquired ownership 1/2 of the real estate listed in the separate sheet (hereinafter “the instant building”) on March 21, 2012. The deceased, around January 2013, leased the instant building to the defendant with a deposit of KRW 5 million, monthly rent of KRW 350,00,000, and the term of lease from January 10, 2013 to January 10, 2015. The Defendant, upon delivery of the instant building (hereinafter “the instant lease contract”), did not explicitly renew the instant lease contract from the deceased and the defendant on March 21, 2012 (hereinafter “the instant lease contract”). The Plaintiff, including the Plaintiff’s status as the lessor on October 8, 2019, paid the Plaintiff a copy of the lease contract from KRW 400,000,000,000 to April 29, 2014).

2. According to the facts of the judgment on the cause of the claim, the lease contract of this case was lawfully terminated on January 9, 2020 due to the exercise of the plaintiff's right to terminate the lease contract of this case on the grounds of the defendant's delinquency in rent for more than two years.

On the other hand, there is no dispute between the parties regarding the possession of the building of this case until the date of closing argument of this case. The defendant is obligated to return unjust enrichment from the time of termination of the lease contract of this case to the plaintiff, and thus, the defendant is obligated to return unjust enrichment from the time of the termination of the lease contract of this case. In ordinary cases, the defendant is due to possession and use of real estate.

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