건물명도(인도)
1. The defendant shall be the plaintiff.
(a) Category 1, 2, 3, 4 and 1 of Annexed Drawings among the three floors of the real estate listed in the Annexed List.
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Article 208 (3) 3 of the Civil Procedure Act applicable provisions of Acts.
3. Determination and partial dismissal;
A. The unpaid rent for the Plaintiff is the amount of KRW 9,286,600 remaining after deducting the deposit of KRW 5 million from the total rent for the pertinent period from December 8, 2015 to April 22, 2019, respectively, and ② the amount calculated at the rate of KRW 400,000 per month from the following day until September 11, 2019, respectively.
The lease contract between the Plaintiff and the Defendant was terminated on September 11, 2019, which was the date of service of a copy of the complaint in this case.
From December 8, 2015 to September 11, 2019, rent is a total of 18,053,300 won [18,00,000 won x 400,000 won x 400,000 won) (4/30 days x 400,000 won x 400,000 won)]. The Defendant is obligated to pay the Plaintiff unpaid rent of KRW 11,153,300 (18,053,300,000 - 5,000,000 won - 1,90,000 won - 1,90,000 won from the above amount.
B. The Plaintiff, equivalent to the rent, sought unjust enrichment from the day following the day of termination of the lease contract to the day of completion of delivery of the real estate stated in Paragraph (1) of this Article at the rate of KRW 400,000 per month.
However, there is no evidence to prove that the Defendant, from September 12, 2019 on the day following the day when the lease contract is terminated, gains a substantial benefit while using and earning the said real estate according to its purpose (see, e.g., Supreme Court Decision 2002Da59481, Apr. 11, 2003), and there is no claim seeking a return of unjust enrichment equivalent to the rent from September 12, 2019 to the day when the delivery of the said real estate is completed.