건물명도
The Defendant, as the Plaintiff
A. 20,000,000 won is paid from the Plaintiff and at the same time, the indication of the attached real estate is indicated.
1. Determination as to the cause of claim
A. On June 26, 2015, the Defendant: (a) leased the instant commercial building from C, the former owner of a Class 2 neighborhood living facility (hereinafter “instant commercial building”) of the first floor of KRW 87.06 square meters, among the buildings indicated in the attached land’s indication; (b) the period of lease from July 10, 2015 to July 10, 2017 (hereinafter “the instant lease”); and (c) the Plaintiff succeeded to the lessor’s status by completing the registration of ownership transfer on the grounds of sale on November 15, 2016.
3) From August 2018, the Defendant began to delay the payment of rent from around August 2018, and the amount of arrears in the rent as of July 10, 2020, which was brought by the instant lawsuit, reaches the amount of six rent payments.
4) On August 18, 2020, a duplicate of the complaint of this case, stating the Plaintiff’s declaration of intent to terminate the lease of this case on the ground that the Defendant was in arrears with three or more vehicles, was served on the Defendant.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 3, the purport of the whole pleadings
B. According to the above facts finding as to the claim for the delivery of a building, since the lease of this case was lawfully terminated on August 18, 2020 on which the Plaintiff’s declaration of intention to terminate the lease of this case was delivered to the Defendant on the ground of overdue rent, the Defendant is obliged to deliver the commercial building of this case to the Plaintiff at the same time as the Plaintiff was paid KRW 20,000,000, as requested by the Plaintiff.
(c)
1) As seen earlier, the judgment on the claim for the return of unfair profit equivalent to the rent and the rent has been concluded on August 8, 2020, the Defendant: (a) obtained the profit equivalent to the rent by occupying and using the commercial building of this case owned by the Plaintiff without any legal ground even after the termination of the lease; and (b) suffered the loss equivalent to the same amount as the Plaintiff.