건물인도 등
1. The defendant's point in order of 1, 2, 3, 4, and 1 among the three floors of the building listed in attached Form 1 (1) to the plaintiff.
1. On July 2, 2017, the Plaintiff leased a building listed in attached Form 1 (hereinafter “this building”) from E and operated a restaurant in the part of the first floor.
On October 22, 2017, the Plaintiff employed the Defendant as an employee of the said restaurant. The Defendant, from that point of time, resides in the Fho Lake, C [23.14 square meters in the part of the main text], D [29.75 square meters in the part of the main text], D [29.75 square meters in the part of the main text] (hereinafter “F,” “Cho,” and “D”] among the three floors of this building. The Plaintiff, on November 2017, was delivered to the Plaintiff, is currently residing in Choho and D as of November 2017.
On March 24, 2018, the defendant retired from the above restaurant operated by the plaintiff.
[Ground of recognition] Evidence No. 1, Evidence No. 3-1, and 2, the purport of the whole pleadings
2. Summary of both parties' arguments;
A. Plaintiff 1) The Plaintiff asserted the cause of the claim as indicated in the written complaint set forth in F, C, and D as the monthly rent of KRW 850,000,000 for the Defendant, and the period of the Defendant’s restaurant retirement. However, the Defendant did not pay rent from October 22, 2017, and even after the Defendant retired from the restaurant on March 24, 2018, occupied C and D until now. Accordingly, the Plaintiff claimed for payment of unjust enrichment equivalent to C, D’s delivery and overdue rent and rent against the Defendant. 2) At the second date for pleading, the Plaintiff asserted F as at the second date for pleading, as the monthly rent of KRW 450,00,000 for the Plaintiff, and C and D, as the monthly rent of KRW 850,000,000 for each Defendant.
3) On May 10, 2019, the lake and marsh (as a preparatory document on the third date for pleading on the date for pleading, the Plaintiff asserted in the harbor as a preparatory document, was employed by the Defendant as a restaurant employee on October 22, 2017, and agreed to deduct the rent from the pay, while subleting Fhos, Chos, and D. to the Defendant.
B. On October 22, 2017, the Defendant decided to reside in Fhos, Chos, and D while leaving the Plaintiff’s restaurant on the first floor of the building and receiving part of its profits. There was no agreement between the Plaintiff and the Defendant on the rent.
The plaintiff.