건물명도 등
1. The defendant shall be the plaintiff.
(a) Of the buildings listed in the separate sheet, each point in the separate sheet No. 1, 2, 3, 6, and 1;
1. Facts of recognition;
A. On August 21, 2015, the Plaintiff purchased a building C’s ground from D in Jinju-si, and completed the registration of ownership transfer on October 21, 2015.
B. On April 2, 2012, D leased the part indicated in the order of the above building (hereinafter “instant commercial building”) to the Defendant with the lease deposit of KRW 50,00,000, monthly rent of KRW 1,100,000, and the lease term of KRW 60 months, and the Defendant began to operate the restaurant in the instant commercial building.
C. On December 21, 2015, the Plaintiff and the Defendant succeeded to a lease agreement on the instant commercial building with the Defendant and D, and entered into a lease agreement with the Defendant for the lease deposit of KRW 50,000,000, monthly rent of KRW 1,100,000, and the lease period of KRW 1,100,000 (hereinafter “instant lease agreement”).
The defendant has been operating a restaurant in the commercial building of ASEAN up to now.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, 3, the purport of the whole pleadings
2. Determination
A. The instant lease agreement, based on the determination on the cause of the claim, terminated on April 1, 2017, which was the expiration date, to the expiration date.
In the absence of special circumstances, the Defendant is obligated to deliver the instant commercial building to the Plaintiff and pay the Plaintiff a reasonable amount of unjust enrichment from April 2, 2017 to the completion date of the delivery of the instant commercial building.
B. The defendant's assertion argues that the defendant's request for the transfer of the commercial building of this case is unfair and at least compensation should be made, since the business district of this case was not formed, it is well-grounded in the defendant's efforts to run restaurant business in the commercial building of this case.
The defendant's assertion is that the plaintiff's claim constitutes abuse of right or the plaintiff's obligation to compensate for the defendant's business.
However, in full view of the evidence submitted and all the circumstances shown in the pleading, the plaintiff's request is made.