건물명도
1. The Defendant, from 10,000,000 to 10,000, from December 30, 2015, is the third floor in Jongno-gu Seoul and fourth parcel, and is located in the third floor.
1. The following facts of recognition may be found either in dispute between the parties or in full view of the entries in Gap evidence Nos. 1, 3, and 4 and the purport of the entire pleadings:
In around 2005, the Plaintiff was sold by Dong-dong Co., Ltd. (hereinafter “instant store”) from Jongno-gu Seoul, Jongno-gu, Seoul and 3067.
B. The Plaintiff delivered the instant store to the Defendant and leased the said store. On September 29, 2009, the Plaintiff again leased the said store to the Defendant by setting the rental deposit of KRW 10 million,000,000, monthly rent of KRW 2,300,000, and the lease period of KRW 1 year (hereinafter “the instant lease”).
C. The instant lease contract has been implicitly renewed after September 28, 2010, which is the expiration date of the said lease contract.
On June 22, 2015, the Plaintiff expressed his/her intent to the Defendant that the above lease contract is terminated on September 28, 2015.
2. According to the above facts of recognition, the instant lease contract was terminated on September 28, 2015, barring special circumstances, and thus, the Defendant is obligated to deliver the instant store to the Plaintiff, and to pay the Plaintiff the amount of unjust enrichment equivalent to the rent of KRW 2,300,000 per month from the day after the end of delivery to the day after the completion of delivery.
First of all, the defendant asserts that the store in this case does not have the right to lease to the plaintiff as owned by Dong-dong Co., Ltd., and that the plaintiff does not have the right to seek
As a result, the lease contract is established when one of the parties agrees to allow the other party to use and benefit from an object, and the other party agrees to pay the rent for it. Furthermore, it is not established that the lessor has ownership or other right to lease the object. Thus, in a case where the lease contract is terminated, if the object of the lease is owned by the other party, the other party requests the return of the object or the payment of the rent or the corresponding amount thereof.