건물명도(인도)
The defendant delivers to the plaintiff the building listed in the attached list. The defendant shall deliver to the plaintiff 450,000 won and from August 1, 2020.
1. In full view of the purport of the entire pleadings as to the cause of the claim Gap's evidence Nos. 1 through 3, the plaintiff entered into a lease agreement with the defendant on September 25, 2019 that the building listed in the separate sheet (hereinafter "the building of this case") was leased with a deposit of two million won, KRW 350,000 won, monthly rent, and KRW 350,000,000. On the same day, the plaintiff delivered the building of this case to the defendant on the same day, and on March 28, 2020, the plaintiff sent to the defendant a certified mail indicating the contents of the termination of the above lease agreement on the ground that the plaintiff was in arrears after December 25, 2019, which was served on the defendant around that time.
According to the above facts, the above lease contract was terminated at the end of March 2020, barring special circumstances, the Defendant, barring special circumstances, delivered the instant building to the Plaintiff, and the rent or unjust gains from December 25, 2019 to July 31, 2020 exceed 2.45 million won (=350,000 won x 7 months).
From August 1, 2020 to the date of completion of delivery of the building of this case, the Plaintiff is obligated to return unjust benefits of KRW 450,000,000, which the Plaintiff seeks, and to return unjust benefits calculated at the rate of KRW 350,000 per month.
2. On December 2019, the defendant decided on the defense that the plaintiff reduced the monthly rent of the above lease agreement to KRW 200,000.
However, there is no evidence to acknowledge this, and the defendant's defense is without merit.
3. In conclusion, the claim of this case is justified and it is so decided as per Disposition.