건물인도
1. The defendant shall be the plaintiff.
(a) deliver a building indicating the attached real estate;
B. From December 21, 2018, the above A.
1. As the Defendant partially paid a certain difference after the filing of the instant lawsuit, and agreed to withdraw the lawsuit between the Plaintiff and the Defendant, there is no evidence to the effect that the Plaintiff’s instant lawsuit is unlawful, but there was an agreement on the withdrawal of the lawsuit between the Plaintiff and the Defendant, to the effect that the instant lawsuit was unlawful.
Therefore, the defendant's main defense cannot be accepted.
2. Determination
A. On May 3, 2012, the Plaintiff leased the building indicated in the order to the Defendant as a security deposit of KRW 20,000,000 per month, KRW 14 million per month, and period from May 21, 2012 to 24 months. The above lease contract was implicitly renewed, and the Plaintiff and the Defendant agreed to the amount of KRW 1.6 million per annum from June 2018. The fact that the Defendant delayed payment for more than three months is without dispute between the parties, and the fact that the copy of the complaint in this case, stating the Plaintiff’s declaration of termination of the lease contract on the ground of the Defendant’s delay, has been delivered on or around February 7, 2019 to the Defendant. Accordingly, according to the above recognition, the lease contract was lawfully terminated on the grounds of the Defendant’s delay on February 7, 2019.
B. However, since the Plaintiff was a person who received the rent from the Defendant from the Defendant to December 20, 2018 after filing the lawsuit, the Defendant is obligated to deliver the said building to the Plaintiff, deliver the said building to the Plaintiff, and return the rent or unjust enrichment equivalent to the rent from December 21, 2018 to December 20, 2018 at the rate of KRW 1,760,000 per month.
3. Thus, the plaintiff's claim is partially accepted within the above scope of recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.