건물명도(인도)
1. From 15,00,000 to 15,000 won from the Plaintiff (Counterclaim Defendant), the Defendant (Counterclaim Plaintiff) indicated the attached Form 1, 2, and 3.
1. On May 17, 2012, the Plaintiff entered into an initial lease agreement with the Defendant on the part (A) of 39.585 square meters (part of the unit C, D, hereinafter “instant store”) in order to connect each point of the attached drawing Nos. 1, 2, 3, 4, and 1 with the Defendant, and entered into a lease agreement (hereinafter “instant lease agreement”) on June 28, 2016, setting the lease deposit of 15,000,000 won, monthly rent of 850,000 won (payment on June 28, 2016), and the lease agreement (hereinafter “instant lease agreement”). < Amended by Presidential Decree No. 27420, Jun. 28, 2016>
On June 30, 2012, the Defendant received the instant store from the Plaintiff and possessed and used it until now, and paid KRW 15,000,000 to the Plaintiff the lease deposit.
On April 16, 2018, the Plaintiff notified the Defendant that the instant store will be restored to its original state and returned until June 30, 2018, as the period of the instant lease expires.
On June 11, 2018, the Defendant entered into a contract to sell the right to the instant store in KRW 70,000 (hereinafter “the instant premium contract”) with E, and then arranged the Plaintiff as a new lessee of the instant store on June 19, 2018, but the Plaintiff refused to enter into a new lease contract with E.
On July 4, 2018, the Defendant returned KRW 7,000,000 as the down payment of the premium contract in this case to E, and rescinded the agreement on the premium in this case.
[Reasons for Recognition] A1-1, 1-2, 1-3, 6, 7, 2, 3, 4, 5, 6, and the purport of the entire pleadings
2. Determination as to the claim on the principal lawsuit
A. According to the above facts of determination as to the cause of the claim, the instant lease agreement was terminated on June 27, 2018, and the Defendant without title occupies the instant store. Therefore, barring any special circumstance, the Defendant is obligated to order the Plaintiff to order the instant store and pay the Plaintiff the amount of unjust enrichment equivalent to the rent up to the time of surrender.
B. Judgment on the defendant's simultaneous performance defense shall be made on the deposit 15,000.