건물명도(인도)
1. The defendant shall be the plaintiff.
A. Of the real estate of 75.92 square meters in the attached list, each indication of the attached Form 1, 2, 3, 4, 1 shall be attached hereto.
Comprehensively taking account of the overall purport of the argument in Gap evidence No. 3, around April 2, 2018, the plaintiff leased part of the ship indicated in the order to the defendant as the deposit amount of KRW 15 million, monthly rent of KRW 800,000,000 from April 2, 2018 to April 11, 2019. The defendant can be found to have delayed payment of the rent from November 2018. The fact that the copy of the complaint in this case stating the plaintiff's declaration of intent to terminate the lease contract on the ground of the defendant's delay was delivered to the defendant on May 29, 2019 is apparent in the record. According to the above facts of recognition, the lease contract was terminated on the ground of the defendant's delay.
In regard to this, the defendant did not dispute the purport that the plaintiff agreed to guarantee the premium as a cycle, but there is no evidence to acknowledge it.
However, on June 1, 2019, the Plaintiff was paid the rent from the Defendant to May 11, 2019, following the termination of the lease agreement. Thus, the Defendant is obligated to deliver the above part of the ship to the Plaintiff and return the rent or unjust enrichment equivalent to the rent from May 12, 2019 to the completion date of delivery of the above part of the ship.
If so, the plaintiff's claim shall be accepted for the reasons of the judgment as per Disposition.