건물명도(인도)
1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
(b) KRW 19,200,000 and this shall apply thereto. < Amended by Act No. 1583, Aug. 2018>
1. Facts of recognition;
A. The Plaintiff is the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), and the Defendant is a corporation that engages in the business of manufacturing the parts of rolling stock.
B. On September 27, 2012, the Plaintiff entered into a lease agreement with the Defendant, setting the lease term as KRW 50,000,000 for the lease deposit, KRW 5,480,00 for the rent month, KRW 5,480 for the management expenses, and KRW 400,000 for the management expenses (each value-added tax separately), and each lease agreement was concluded between November 1, 2012 and November 1, 2014 for the lease term.
(A) Evidence No. 1, hereinafter “instant lease contract”). C.
On September 27, 2018, the Plaintiff sent to the Defendant a content-certified mail demanding the transfer of the instant lease agreement after the expiration of the initial lease agreement. The said content-certified mail reached the Defendant around that time.
As of October 31, 2018, the rent in arrears as of October 31, 2018 is KRW 63,222,127 (Evidence A) and the defendant operates a painting factory for the defendant's business on the instant real estate until the date of closing the argument in this case.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The assertion and judgment
A. 1) The Plaintiff’s assertion 1) The instant lease agreement was explicitly renewed after the date of the initial contract and terminated on November 1, 2018. As such, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay an unpaid overdue rent and unjust enrichment equivalent to the rent. 2) Since the instant lease agreement was implicitly renewed and the period was extended until December 30, 2023, the Plaintiff’s claim on the premise of the expiration of the lease agreement cannot be accepted.
B. We examine the judgment on the claim for delivery of 1 real estate, and the instant lease agreement is the first lease contract.