건물명도(인도)
The judgment of the court of first instance, including partial withdrawal of a lawsuit filed by the plaintiff in this court and the reduction and addition of a claim.
Basic Facts
(1) On June 26, 2017, the Plaintiff leased real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant building”) to Codefendant B of the first instance trial, with the lease deposit of KRW 10,000,000, monthly rent of KRW 500,000, and the lease term from June 27, 2017 to June 26, 2019.
(2) The Defendant, who was the husband of the instant lease agreement, occupied and used the instant building while living together with B, and the Defendant and B filed a divorce report around June 2019.
(3) From June 2019, B moved out of the instant building and resided in another place, and the Defendant thereafter occupied and used the instant building while residing in the instant building until April 22, 2020.
(4) From February 27, 2018, B did not pay the Plaintiff rent. A copy of the instant complaint containing the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of the delinquency in rent was served on B on July 25, 2019.
[Ground of recognition] A. 1’s evidence and evidence Nos. 1 and 2’s each statement, and the grounds for a claim for judgment as to the entire purport of the pleadings, the Plaintiff, without legal title, sought a return of unjust enrichment equivalent to the rent that the Defendant occupied and used the instant building from October 27, 2019 to April 22, 2020.
B From February 27, 2018, the Plaintiff did not pay the rent (500,000 won per month) to the Plaintiff. From that time, the Plaintiff sought the return of unjust enrichment from October 27, 2019 to October 26, 2019 (20,000 won (=50,000 won x 20 months) equivalent to the amount of the lease deposit under the instant lease agreement. As such, the Plaintiff sought the return of unjust enrichment to the Defendant from October 27, 2019.
According to the basic facts, the defendant without legal title occupied and used the building of this case owned by the plaintiff from October 27, 2019 to April 22, 2020, and the former spouse B is the lessee of the building of this case, and B is divorced from the defendant around June 2019.