건물명도(인도)
1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
B. From 1,340,00 won and May 10, 2019
1. Basic facts
A. The real estate indicated in the attached list of the Nam-gu Busan Metropolitan City C 30 square meters and above ground (unregistered and unauthorized housing; hereinafter “instant housing”) is owned by the Plaintiff’s son, and the Plaintiff manages the instant land and the instant housing upon delegation from D.
B. On July 10, 2015, the Plaintiff entered into a lease agreement with the Defendant with the terms of KRW 1,000,000 for the instant housing, KRW 100,000 for each month of rent (after July 10), and the term of lease from July 10, 2015 to 24 months (hereinafter “instant lease agreement”).
C. Around that time, the Defendant paid KRW 1,000,000 to the Plaintiff, and had resided in the instant house transferred from the Plaintiff and paid the instant house rent from January 10, 2017.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5, 8, 9 (including each number in the case of provisional evidence), records obvious facts, the purport of the whole pleadings
2. The parties' assertion
A. Since the Plaintiff’s assertion that the instant lease agreement had expired on July 10, 2017, the Defendant is obligated to deliver the instant house to the Plaintiff and pay the Plaintiff the rent and unjust enrichment equivalent to the rent, calculated by the ratio of KRW 100,000 per month from February 10, 2017 to the completion date of delivery of the instant house.
B. Defendant’s defense, etc. 1) The Plaintiff is not the owner of the instant housing, but the Plaintiff entered into the instant lease contract on behalf of the owner D, and the rights and obligations under the contract are borne directly by D. As such, the Plaintiff did not have the standing to file the instant lawsuit. (2) The Defendant paid rent up to June 2017 to the Plaintiff, and the rent after the said period between the Plaintiff and the Plaintiff was deducted from the lease deposit, and the contract was finally agreed to be extended for two years after the expiration of the instant lease contract.
3. The plaintiff is the defendant as follows.