건물인도 등
1. The defendant delivers the building indicated in the attached Form to the plaintiff, and each month from January 1, 2015 to the completion date of delivery of the building.
1. Determination as to the cause of claim
A. (1) On December 15, 2009, the Plaintiff, on which December 15, 2009, set the lease deposit amount of KRW 20,000,000 per annum, KRW 3,000,000 per annum, and the lease term of KRW 3,00,000 per annum, from December 30, 2009 to 60 months ( December 29, 2014) (hereinafter “instant lease contract”).
(2) On July 26, 2011, the Plaintiff consented to the sublease contract on the instant building between B and the Defendant, and the Defendant has used the first floor of the instant building as restaurant and the second floor as residence from around that time to the closing date of pleadings of the instant building.
(3) Meanwhile, on April 25, 2014, August 25, 2014, and November 25, 2014, the Plaintiff sent a notice to the effect that the contract will not be renewed to B and the Defendant on November 25, 2014. Accordingly, the Plaintiff sent a notice to request the delivery of the instant building on December 30, 2014, which is the expiration date, and each of the above notice was sent to B and the Defendant around that time.
[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings
B. According to the above facts, the lease contract of this case was terminated upon the expiration of the term, and the sub-lessee bears the duty to return the object directly to the plaintiff. Thus, the defendant has the duty to deliver the building of this case to the plaintiff, and the defendant gains profits equivalent to the rent while continuously using the building of this case as restaurant and residence from the date of closing argument of this case even after the expiration of the term of this case. Thus, the plaintiff has the duty to return the amount calculated from January 1, 2015 to the date of completion of delivery of the building of this case (3,00,000 won per annum) to the plaintiff as unjust enrichment.
2. Judgment on the defendant's assertion
A. The defendant made too unreasonable requests to the plaintiff as the condition of the re-contract, which is alleged to be an abuse of rights, but it is from the defendant as to how the plaintiff specifically requested.