건물명도(인도)
1. From 200,000,000 to 200,000 won, the Defendant shall from July 11, 2018 to the completion date of delivery of the building as indicated in the separate sheet.
1. Basic facts
A. On May 2, 2011, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) between B and B, the former owner of the building listed in the separate sheet (hereinafter “instant building”) and each of the lease deposits of KRW 200 million, KRW 11.5 million per month, and the lease term from May 20, 201 to June 19, 201, and operated a restaurant from around that time.
B. Around June 10, 2016, Defendant and B increased the instant lease agreement to KRW 14 million per month, and drafted a lease agreement with the term of lease from June 10, 2016 to June 10, 2017.
C. The Plaintiff purchased the instant building from B on December 16, 2016, and completed the registration of ownership transfer under Article 14824 of the Seoul Southern District Court’s receipt on January 20, 2017.
2.1.1. to 2.1.
3. up to 31. up to three occasions, the Defendant demanded that the instant building be handed over at the expiration of the instant lease term. D.
On July 11, 2018, the Defendant paid to the Plaintiff all the rent (one million won per month) incurred before July 11, 2018.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including partial number), the purport of the whole pleadings
2. The parties' assertion
A. As the Plaintiff’s instant lease agreement terminated on June 10, 2017, the expiry date, the Defendant is obligated to pay the Plaintiff the remainder after deducting the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 14,00,000 per month from July 11, 2018 to the completion date of delivery of the instant building from the amount of KRW 200,000 to KRW 14,000. At the same time, the Defendant is obligated to deliver the said building to the Plaintiff.
B. Defendant 1) and Defendant B concluded a new lease agreement separate from the instant lease agreement on June 10, 2016, and the Defendant concluded a new lease agreement. As such, the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Act”).
A right to request the renewal of a contract for a maximum of five years pursuant to Article 10.
Therefore, the building of this case.