건물명도 등
1. From 17,359,000 to 17,359,000 won, the Defendant shall draw up the attached Form among the first floor of the real estate listed in the attached list from September 1, 2015.
1. Basic facts
A. From 1983 to 1983, the Defendant leased and operated iron bars on the ship (A) part 2.6 m2 and 41.52 m2 m2 (hereinafter “instant store”) connected each point of the attached drawings on the one story of real estate listed in the attached list, c. d. 4, 8, 8, 8, 99, and 3.
B. After acquiring the ownership of the instant store on April 23, 2010, the Plaintiff entered into a lease agreement with the Defendant for the instant store, and subsequently renewed the lease agreement on a one-year basis.
On December 16, 2013, the Plaintiff entered into a lease agreement with the Defendant to lease the instant store to the Defendant (hereinafter “instant lease agreement”) by setting the lease deposit amount of KRW 17,359,00, monthly rent of KRW 2,017,980, respectively, from January 1, 2014 to December 31, 2014.
C. On October 31, 2014, the Plaintiff notified the Defendant that he would not renew the instant lease agreement, and the Defendant occupied and used the instant store until the date of closing argument.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 2, purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, since the instant lease agreement was terminated upon the expiration of the period, and the Defendant occupies and uses the instant store even thereafter, the Defendant is obligated to deliver the instant store to the Plaintiff and pay the Plaintiff the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 2,017,980 per month from September 1, 2015 to the completion date of delivery of the instant store.
B. The defendant's defense is a simultaneous performance defense that the defendant cannot respond to the plaintiff's request for extradition before being paid KRW 17,359,000.
The lease deposit which the lessee pays to the lessor in the lease of immovables shall be all the obligations of the lessee arising from the lease relationship until the lease relationship is terminated and the object is returned.