건물명도(인도)
1. The judgment of the court of first instance is modified as follows.
The plaintiff (Counterclaim defendant) shall be KRW 65,300,000 to the defendant (Counterclaim plaintiff) B.
1. The following facts of recognition do not conflict between the parties, or are recognized by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence 2, Eul evidence 30, 31 (including each number; hereinafter the same shall apply).
A. On March 27, 2015, the Plaintiff and the Defendants concluded a lease agreement with the Defendants that the Plaintiff leased the buildings listed in the attached list of the first instance judgment (hereinafter “instant building”) to the Defendants at a monthly rent of KRW 1 million without deposit (hereinafter “instant lease agreement”).
On April 27, 2015, the Plaintiff delivered the instant building to the Defendants under the said lease agreement. At the time of the conclusion of the said lease agreement, the Plaintiff and the Defendants did not set the expiration date of the lease term.
B. The Defendants did not pay the Plaintiff monthly rent from February 27, 2017 during the term of lease under the said lease agreement to the Plaintiff.
C. On March 8, 2017, the Plaintiff notified the Defendants that the term of lease under the instant lease expires on April 27, 2017, and the Plaintiff did not intend to renew the lease.
On May 1, 2017, the Plaintiff filed the instant lawsuit against the Defendants seeking delivery of the instant building on the grounds of the termination of the instant lease agreement. After that, the Plaintiff added the claim for rent and return of unjust enrichment due to the purport of the claim, and Defendant B filed a counterclaim seeking payment of beneficial costs to the Plaintiff on December 4, 2017.
On June 1, 2018, the first instance court rendered a judgment ordering the Defendants to deliver the instant building at the same time as receiving part of the beneficial cost from the Plaintiff, ordering the Defendants to pay the unpaid rent and return of unjust enrichment, and ordering the Plaintiff to pay the beneficial cost simultaneously with the delivery of the instant building from the Defendants.
E. The Defendants are the first instance judgment of this case.