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(영문) 전주지방법원 2020.02.14 2018가단27616
건물명도(인도)
Text

The defendants receive 370,000,000 won from the plaintiff and deliver the building as stated in the attached Form to the plaintiff.

Reasons

D On October 25, 2011, the attached building (hereinafter “instant building”) was leased to Defendant B with a deposit of KRW 300,000,000, monthly rent of KRW 8,700,000, and the period from November 1, 201 to January 31, 201.

Since then, the owner of the building of this case acquired the status of lessor by changing to the plaintiff, and the term of lease extended until October 31, 2018, and the deposit was increased to KRW 370,000,000, and the rent was reduced to KRW 8,200,000.

(A) No. 2, hereinafter the above lease is referred to as “the lease of this case”) and there is no dispute between the parties as to the fact that the defendant limited liability company C is a joint lessee of the above lease.

Thus, as the above lease term expires on October 31, 2018, the Defendants are obligated to deliver the instant building to the Plaintiff at the same time with payment of KRW 370,000,000 from the Plaintiff, barring any special circumstance.

The defendants asserted that the plaintiff did not protect the defendants' opportunity to recover the premium.

However, in the event that the Plaintiff violated the duty to protect the opportunity to recover premiums, the Plaintiff does not have any effect on the Defendants’ above delivery obligation, separate from claiming damages arising therefrom.

(See Supreme Court Decision 2018Da242727 Decided July 10, 2019).

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