건물명도(인도)
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
A. The Attached Form 1. Of the first floor of the building indicated in the Attached List, the indication of the Attached Form 1.
1. Judgment on the main claim
A. Comprehensively taking account of the overall purport of the arguments as to the grounds for the claim, Gap evidence Nos. 1 and 5, Gap evidence Nos. 9-1, 2, and Gap evidence Nos. 14 and the overall purport of the pleadings, the plaintiff completed the registration of preservation of ownership on the buildings listed in the attached list on February 27, 2008. The defendant occupies the store located in the part of the ship listed in the attached Table No. 1 (hereinafter referred to as "the instant store") from November 27, 2016 to July 25, 2017. The defendant paid the plaintiff KRW 2,250,000 to the plaintiff for rent from February 14, 2017 to July 25, 2017. The monthly rent of the instant store can be acknowledged as the grounds for 450,000,000 won, and there is no counter-proof evidence.
According to the above facts, barring special circumstances, such as the right to possess, the Defendant is obligated to deliver the instant store to the Plaintiff as the owner, and to pay the Plaintiff unjust enrichment equivalent to the rent from April 27, 2017 (the amount equivalent to the rent for five months from November 27, 2016 to April 26, 2017 occupied by the Defendant) to April 27, 2017 as the Plaintiff seeks.
B. (1) As the Defendant urged C to pay monetary claims, C transferred the right to return the lease deposit due to the lease of the store in this case to the Defendant.
Accordingly, on November 27, 2016, the plaintiff, defendant, and C prepared a lease agreement (No. 1) from November 27, 2016.
After that, the defendant paid the rent at the request of the plaintiff, and operated the business at the store of this case.
As such, the Defendant succeeded to a lease agreement with the Plaintiff or entered into a lease agreement with the Plaintiff, the Defendant has the right to possess the store of this case.
(2) The following facts can be acknowledged in full view of the evidence Nos. 1, 3-2, 8, 11, 12-1, 12-1 through 10, 1-6, 1-9, 1-2, 10, 10, 10 and 11, and 10, 10 and 11.
① On May 30, 2016, the Plaintiff’s store of this case.