부당이득금등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. As to this part of the facts based on the judgment of the court of first instance, the corresponding part of the grounds of the judgment of the court of first instance (from 8 to 7, respectively, on the grounds of the judgment of the court of first instance) shall be cited as the grounds of this judgment pursuant to the main sentence of
However, part of the following shall be cut:
On the two pages of the judgment of the first instance, the Seoul Southern-si Terminal shall be changed to the Seoul Southern-si Bus Terminal.
The 5th page 14 of the judgment of the first instance shall be applied to the monthly rent, etc. with "monthly rent, etc.".
2. The parties' assertion
A. As the instant lease agreement was terminated on July 24, 2010, the Plaintiff had a duty to deliver each of the instant real estate to the Plaintiff as the two-year lease agreement was terminated on July 24, 2010, the Defendant did not deliver each of the instant real estate even until May 1, 2015.
Therefore, the Defendant is obligated to compensate the Plaintiff for damages because the Defendant incurred losses due to delay in the performance of the duty to deliver each of the instant real estate, and the Defendant occupied and used and used each of the instant real estate without any legal cause. Therefore, the Defendant is obligated to return unjust enrichment equivalent to the rent to the Plaintiff.
B. The contract of the instant lease agreement entered the lease deposit amounting to KRW 12.4 billion, monthly rent of KRW 520 million, and the lease term of KRW 20 million into the contract of the instant lease was formally written in order to provide the grounds for payment to the Plaintiff of gains on transfer generated from Han-Tech. Since the Plaintiff and Han-Tech set the lease term of the instant lease as “the time the building continues to exist in the south-Nam Terminal,” the Defendant has the right to use and benefit from each of the instant real estate.
3. Determination
A. According to the main sentence of Article 420 of the Civil Procedure Act with respect to this part of the term of lease and the expiration of the term of the instant lease agreement, the corresponding part of the reasoning of the judgment of the first instance (from 4 to 10 pages below the first 10 pages below the date of the judgment of the first instance) is applicable.