logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원군산지원 2020.04.16 2019가단3368
건물명도 등
Text

1. The Plaintiff:

A. The Defendants deliver the buildings listed in the separate sheet;

B. Defendant B shall be KRW 10,020,000 and this shall apply.

Reasons

1. According to each of the items in subparagraphs 1 through 4 of the judgment as to the cause for the claim, and the purport of the entire pleadings, each of the grounds for the claim in the separate sheet, and each of the following facts can be acknowledged as having reached the above defendant around April 8, 2019 by sending to the defendant B a certificate of the purport that the lease contract will be terminated on the ground that the lease contract will be terminated on the ground that the rent was unpaid, and the lease contract between the plaintiff and the defendant B (hereinafter “the lease contract in this case”) was terminated around that time.

Therefore, Defendant B is obligated to deliver to the Plaintiff the building indicated in the separate sheet for reasons of the termination of the instant lease agreement, Defendant C limited liability company (hereinafter “Defendant Company”), and Defendant B, upon the Plaintiff’s request, is obligated to pay the remainder of KRW 10,000,000, which remains after deducting KRW 10,000,000 from the sum of the overdue rent from June 1, 2018 to June 1, 2019 (=1,540,000 x 13 months) from the sum of the overdue rent from June 1, 2018 to June 1, 2019.

In addition, Defendant B is obligated to return unjust enrichment equivalent to the rent because it is indirectly occupied the above building even after the termination of the above lease contract. The amount of profit from the use of real estate is equivalent to the rent. As seen earlier, from June 1, 2018 to June 1, 2019, the rent of the above building is KRW 1,540,000 per month, and thereafter, it is confirmed that the rent is the same amount as the rent thereafter. Thus, Defendant B is obligated to pay to the Plaintiff unjust enrichment at the rate of KRW 1,540,000 per month from July 1, 2019 to the day on which the delivery of the building is completed.

2. Defendant B’s assertion and determination thereof

A. Defendant B obtained the consent of the Plaintiff on the right of lease under the instant lease agreement.

arrow