건물명도(인도)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The judgment of the court of first instance is subject to Paragraph (1).
Facts of recognition
On August 28, 2013, the Plaintiff: (a) leased the leased deposit amounting to KRW 10,00,000 per year; (b) the lease deposit amounting to KRW 12,00,00,000 per year; and (c) the lease period from August 29, 2013 to August 28, 2016; (d) the Defendant delivered the instant lease contract to the Defendant on August 29, 2016, by setting the lease agreement with the following details: (a) the part (a) size of the ship connecting each point in sequence 1,2,3,4, and 14,00 square meters in the attached Form 1, 287,00 square meters in the 1st floor of the building listed in the attached list (hereinafter “instant lease”).
The defendant started to use the store of this case as a pharmacy from that time.
On August 28, 2016, the Plaintiff and the Defendant drafted a standard contract for the lease of commercial buildings (No. 10,000,000 won for the instant store, the rent of KRW 20,000 per annum, and the lease period of KRW 20,000 per annum, from August 29, 2016 to August 28, 2018.
However, the Plaintiff and the Defendant, after returning the existing rental deposit, took procedures such as receiving the rental deposit again, or the Defendant did not take procedures to deliver the instant store from the Plaintiff after leaving the instant store, and used the previous pharmacy as it is without taking such procedures. However, only the rent has been increased.
From August 29, 2018 to February 28, 2019, the Plaintiff expressed his/her intent to deduct the rent of KRW 10 million from the Defendant’s deposit amount of KRW 10 million from August 29, 2018.
[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and Eul evidence Nos. 1, and the facts of the judgment as to the grounds for the claim as a whole, barring special circumstances, the lease contract of this case terminated on August 29, 2018. Thus, the defendant is obligated to return unjust enrichment equivalent to the rent calculated by the ratio of KRW 20 million per annum from March 1, 2019 to the delivery of the store of this case to the defendant.
2.3.