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(영문) 전주지방법원 군산지원 2021.02.02 2020가단56658
건물인도
Text

The defendant delivers to the plaintiff the "list of Real Estate" attached to the plaintiff, and deliver the attached real estate from June 1, 202.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in the evidence evidence Nos. 1 through 5, the Plaintiff paid on June 22, 2013 that the Plaintiff used the term “list of Real Estate” (hereinafter “instant real estate”) in attached Form No. 1 to C with a deposit of KRW 2 million, monthly rent of KRW 130,000,000 for a fixed period of two years. The Plaintiff filed a lawsuit against C seeking the delivery of the instant real estate and payment of the instant rent, etc. on February 17, 2020 where the said lease contract has been renewed thereafter, and C continued to reside in the instant real estate after having been occupied by the Plaintiff on May 15, 202.

2. According to the above facts, at least the lease agreement between the Plaintiff and C on the instant building was terminated at least on May 22, 2020, and thereafter, the Defendant continued to possess and use the instant building without a legitimate title, while gaining unfair benefit equivalent to the rent.

As such, the defendant is obligated to deliver the building of this case to the plaintiff, and to pay unfair profits in the ratio of KRW 130,000 per month from June 1, 2020 to the completion date of delivery as requested by the plaintiff.

3. The plaintiff's claim is reasonable, and it is so decided as per Disposition.

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