건물명도
1. For the plaintiffs:
A. Defendant C delivers the real estate listed in the separate sheet, and from November 1, 2014, the said real estate.
1. Comprehensively taking account of the overall purport of the pleadings in evidence Nos. 1 and 2, the facts that the Plaintiffs paid to Defendant C the lease deposit of KRW 60 million, monthly rent of KRW 2.8 million (in addition to value-added tax, payment after the last day of each month), the lease period from July 1, 2014 to June 30, 2015 (hereinafter “instant lease contract”); Defendant D occupied and used the instant commercial building; Defendant C paid only the rent of up to October 2014; Defendant C did not pay the rent thereafter; the Plaintiffs terminated the instant lease contract on the grounds that the lease contract was in arrears, Defendant D’s illegal occupation, etc.
2. According to the above findings of the determination, the instant lease agreement was terminated on October 30, 2014, which was served by the complaint of this case to Defendant C on the grounds of the delinquency in rent by Defendant C, etc.
I would like to say.
Therefore, Defendant C is obligated to deliver the instant commercial building to the Plaintiffs by restitution following the termination of the instant lease agreement, and after the termination of the instant lease agreement, Defendant C obtained the profit of the amount equivalent to the rent by occupying and using the instant commercial building through Defendant D without any title. Accordingly, Defendant C suffered the loss of the amount equivalent to the rent from the Plaintiffs.
Therefore, from November 1, 2014 to the completion of delivery of the instant commercial building, the Plaintiff is obligated to pay the amount calculated at the rate of KRW 2,80,000 per month as requested by the Plaintiff as the return of unjust enrichment.
In addition, Defendant D has occupied and used the commercial building of this case without any title.
As such, there is a duty to leave the above commercial building.
3. In conclusion, the plaintiffs' claims are with merit, and all of them are accepted. It is so decided as per Disposition.