건물명도(인도)
1. The defendant shall be the plaintiff.
(a) Of the second floor of the building listed in the attached list, each point of the Attached Map No. 1, 2, 3, 4, and 1.
1. Basic facts
A. On April 3, 2017, the Plaintiff and the Defendant concluded a lease agreement with respect to the building indicated in the paragraph (a) of the main text of the disposition No. 1 (hereinafter “instant building”) and agreed on the lease period from April 5, 2017 to October 4, 2017, and monthly rent of KRW 1,350,000.
B. The Defendant occupied the instant building upon delivery on or around April 5, 2017, but did not pay monthly rent from January 5, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. According to the above facts, the Defendant is obligated to deliver the instant building to the Plaintiff and return unjust enrichment equivalent to the rent of KRW 1,350,000 per month from January 5, 2018 to the completion date of delivery of the instant building.
B. The defendant alleged that the defect of the building of this case caused a severe noise and suffered mental damage, and was threatened by the plaintiff, but there is no evidence to acknowledge this, and the defendant's assertion is without merit.
3. Conclusion, the plaintiff's claim of this case is justified.