건물인도
1. The defendant shall be the plaintiff.
A. Of the attached Form 1 floors, 12.23 square meters inside the connected line of drawings 1, 2, 3, 4, 1 connected buildings (C) shall be as follows.
1. As of the conclusion of the argument on the part of the claim, such as the report of delivery and closure of business, there is no dispute to return the object upon the termination of the lease due to the termination of the lease of the Plaintiff, and Article 31(2) of the lease agreement provides for the report of closure of business (A 2).
2. The Plaintiff’s claim for money is based on a special agreement stipulating that the unauthorized occupation and use charge is double the rent after the termination of the lease.
Since an agreement on occupation and use without permission is deemed to be an estimate of the amount of damages, the court may reduce the amount of the illegal occupation and use fees to be unfairly excessive (Article 398(2) of the Civil Act), and it is customary to calculate the amount equivalent to the rent by not specifying unjust enrichment or damages after the termination of the lease (Article 398(2) of the Civil Act). The simultaneous performance defense can not be deemed to be an illegal occupation and use until the deposit is returned, and the rent in arrears can be appropriated as a deposit as soon as the plaintiff filed a lawsuit for delivery immediately after the notice of termination of the lease. Therefore, even if the amount equivalent to the unjust enrichment or the amount of damages after the termination of the lease is the amount equivalent to the existing rent, the illegal occupation and use fees in this case shall be reduced to the plaintiff who is the lessor or to the defendant who is the lessee.
3. The claim for conclusion is partially reasonable.