건물인도
1.For the plaintiff:
A. Defendant D Co., Ltd. delivers (1) the land and buildings listed in the separate sheet, and (2) 22,00.
1. Facts of recognition;
A. On December 11, 2017, the Plaintiffs leased the instant land and buildings owned by the Plaintiffs to Defendant D as KRW 50,000,000, monthly rent of KRW 5,500,000 (including value-added tax, and prepaid payment on the 10th day of each month) and the period from December 11, 2017 to December 10, 2019.
(hereinafter “instant lease agreement”). B.
On December 11, 2017, Defendant D sub-leaseed Defendant E with a deposit of KRW 20,00,000, monthly rent of KRW 2,750,000 (including value-added tax) and period of KRW 24 months from December 11, 2017 to December 10, 2019 among the buildings listed in the attached list (hereinafter “instant building”).
(hereinafter referred to as “instant sublease contract”). C.
On October 11, 2019, the Plaintiffs demanded Defendant D to pay the overdue charge between three months until October 201, 2019. However, the Plaintiffs expressed their intention to refuse to pay the overdue charge by the said deadline. < Amended by Presidential Decree No. 24279, Oct. 21, 2019>
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings
2. Determination
A. According to the above facts, the instant lease agreement between the Plaintiffs and Defendant D was terminated on December 10, 2019.
Therefore, Defendant D is obligated to deliver the instant land and buildings to the Plaintiffs and pay the sum of KRW 22,00,000 in arrears for four months.
(2) In light of the purport of evidence No. 5-2 of this case’s statement, it can be acknowledged that Defendant D occupied and used the land and buildings of this case until the date of closing argument of this case. Accordingly, Defendant D obtained profit equivalent to the use profit and thereby caused damage equivalent to the same amount to the plaintiffs. The amount of unjust enrichment from the possession and use of real estate is the amount equivalent to the rent of the real estate.
Therefore, Defendant D raises to the Plaintiffs.