[건물명도][공1981.3.15.(652),13629]
Where a lessee uses or benefits from the leased object based on the right of defense of simultaneous performance, and unjust enrichment;
In case where a lease contract is terminated, the substantial profit gained by the lessee who continuously uses the object of lease without ordering the object of lease on the basis of the right of defense for simultaneous performance shall be unjust enrichment to the extent that it causes damage to the lessor.
Article 741 of the Civil Act
Attorney Cho Chang-chul et al., Counsel for the defendant-appellant
Defendant
Daegu High Court Decision 79Na1058 decided Apr. 10, 1980
The part of the judgment of the court below against the plaintiff concerning the claim of the amount equivalent to the rent shall be reversed, and the case shall be remanded to the Daegu High Court.
The grounds of appeal are examined.
According to the reasoning of the judgment of the court below, the defendant took full account of the evidence of this case, and leased 37 square meters of 197.12.22 per annum to the non-party 1, 197.37 square meters of 1st floor among the buildings of this case, and 13,00,000 won of deposit for lease. The above lease is implicitly renewed under the same condition and succeeded to the status of the non-party 1 as the lessor of this case while purchasing the building of this case, and thus, the above lease was lawfully terminated without the renewal of the contract, and the defendant is obliged to return the above lease deposit to the non-party 1, and the plaintiff is not obliged to pay damages to the non-party 2 until the expiration of the contract. The court below rejected the plaintiff 1's claim for damages on the premise that the plaintiff 1 had no legitimate reasons to claim the above rent from the non-party 1, as the plaintiff 2's right to use the building of this case for the same reason.
Justices Lee Il-su (Presiding Justice)