건물명도
1. The defendant is paid KRW 10,000,000 from the plaintiff, and at the same time, the first floor of the real estate stated in the attached Table to the plaintiff.
1. Facts of recognition;
A. On July 7, 2014, the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with Nonparty D to lease one story of 96.3 square meters (hereinafter “instant real estate”) on a deposit of KRW 10 million, monthly rent of KRW 700,000 (payment by the nine-day payment on August 10, 2014), and from August 10, 2014 to August 9, 2016 (hereinafter “instant lease agreement”).
B. On May 21, 2015, the Plaintiff concluded a sales contract with D to purchase three-story buildings on the E ground, including the instant real estate, and decided to succeed to the lessor’s status of the instant lease contract, and completed the registration of ownership transfer on July 30, 2015.
C. According to the agreement on succession to the status of a lessor, D, the Plaintiff and the seller, and F, the lessee, represented by the Defendant, drafted a “written confirmation on the change of the monthly rent” to confirm that KRW 5,286,680, which the Defendant, obtained from July 30, 2015, the amount of KRW 10,000,000,000,000 as deposit for the instant lease agreement, deducted from KRW 4,713,320,000, which was overdue to D until July 30, 2015.
The Defendant paid KRW 5,016,660 to the Plaintiff on September 1, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 and 5, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion that the instant lease agreement expired on August 9, 2016, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff.
In addition, the Defendant is obligated to pay to the Plaintiff KRW 2.8 million in total, and delay damages therefrom, as well as KRW 700,000 in the amount of unjust enrichment from March 11, 2017 to March 2017, which is the unjust enrichment of the following party from March 11, 2017 to March 201.
B. Since August 9, 2016, the date when the contract of this case was terminated, the Plaintiff asserted by the Defendant, without any objection, that the Defendant demanded the renewal of the contract and paid the contract. Therefore, the Plaintiff’s assertion was dated June 3, 2016.