건물명도(인도)
1. Disposition 1 of the first instance judgment was modified as follows according to the reduction of claims by this court.
1. The reasoning for this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination
A. According to the above facts finding as to the cause of the claim, the instant lease agreement was terminated upon the expiration of the period of validity, and the Plaintiff sought to transfer the instant real estate as simultaneous performance with the obligation to pay the remaining lease deposit, and the Defendant occupies, uses the instant real estate until the date of closing of argument in the first instance trial after the termination of the lease agreement, and the amount is 9,50,000 won (=1,900,000 won x 5) due to the delayed payment of the rent or the amount equivalent to the rent by December 12, 2019, there is no dispute between the parties.
Therefore, as requested by the Plaintiff, the Defendant is obligated to deduct an amount calculated at the rate of KRW 5,50,000 from the Plaintiff [the amount of KRW 15,00,00-9,500 (the amount of overdue rent or unjust enrichment equivalent to the rent from December 14, 2019) until December 12, 2019] as the sum of the amount of overdue rent or unjust enrichment equivalent to the rent from December 12, 2019, from the amount of KRW 9,50,000 from the date of December 13, 2019 to the amount of KRW 1,90,000 from the date of December 13, 2019, as requested by the Plaintiff. However, as requested by the Plaintiff, the amount shall be calculated from December 14, 2019.
From the date of completion of delivery of the instant real estate to the date of delivery, the remaining amount calculated by deducting the amount calculated by the rate of KRW 1,900,000 per month is obligated to deliver the instant real estate to the Plaintiff at the same time.
B. As to the Defendant’s assertion, the Defendant demanded the Plaintiff to renew the instant lease agreement on or before March 2018, which was prior to the expiration date of the instant lease agreement, and accordingly, asserts that the instant lease agreement was renewed.
The following circumstances, i.e., the Plaintiff’s instant lease agreement to the Defendant on March 9, 2018, i.e., the instant lease agreement on June 12, 2018, i.e., the following circumstances, which can be known by adding the entire purport of the pleadings to each entry of evidence Nos. 5-1 and evidence Nos. 6-2.