건물인도
1. The defendant shall be the plaintiff.
(a) deliver the building Nos. 9-2 of the underground floor Nos. 9-2, Dongyang-gu, Busan Metropolitan City;
1. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 through 3, the Plaintiff: (a) on June 2, 2012, leased a building stated in the purport of the claim (hereinafter “instant building”) to the Defendant on a deposit of KRW 1 million; (b) the lease period of KRW 100,000 per month; and (c) from June 16, 2012; and (d) the lease period of KRW 2 years from June 16, 2012; (b) the lease was implicitly renewed at the time of the expiration of the lease period; (c) however, the Defendant may acknowledge the fact that the lease was delayed from May 16, 2015; and (d) the fact that a duplicate of the complaint of this case containing the declaration of intent to terminate the lease on the grounds of arrears of at least two (2) period was clearly recorded on June 17, 2016.
2. Determination
A. According to the fact that the lease contract was terminated, the instant lease contract was lawfully terminated.
Therefore, the defendant is obligated to deliver the building of this case to the plaintiff and pay unjust enrichment equivalent to the unpaid rent or rent.
B. (1) The Plaintiff asserted that the Defendant agreed with the Defendant to increase the rent of KRW 150,00 per month from May 16, 2015, but there is no evidence to acknowledge it. Thus, the rent shall be calculated as KRW 100,000 per month. 2) Meanwhile, in full view of the purport of the argument in the written evidence No. 4, the Plaintiff and the Defendant agreed to deduct KRW 1,00,000 from the rent for arrears until April 15, 2016 after filing the instant lawsuit, and the Defendant paid the rent by November 15, 2016.
C. If so, the Defendant is obligated to deliver the instant building to the Plaintiff and pay unjust enrichment equivalent to the rent calculated by the rate of KRW 100,000 per month from November 16, 2016 to the completion of delivery of the instant building.
(3) The plaintiff is not obligated to return the deposit, since all the amount of one million won was deducted.