건물명도(인도)
1. The defendant shall be the plaintiff.
(a) deliver the buildings listed in the separate sheet;
B. From November 1, 2017, the above-mentioned A
subsection (b).
1. On August 1, 2016, the Plaintiff leased the funeral hall (hereinafter “instant funeral hall”) indicated in the attached list to the Defendant as KRW 10,000 per month during which the lease period was from August 1, 2016 to June 30, 2017, and the Plaintiff leased the funeral hall (hereinafter “instant funeral hall”) to the Defendant.
(hereinafter “instant lease agreement”). 【No dispute exists, entry of Gap’s evidence Nos. 1 through 5, the purport of the whole pleadings.”
2. According to the facts recognized in the above 1. judgment as to the Plaintiff’s claim, the instant lease agreement was terminated on June 30, 2017.
Therefore, the Defendant is obligated to deliver the instant funeral hall to the Plaintiff, and to return unjust enrichment equivalent to the rent of KRW 10,000 per month from November 1, 2017 to the completion date of delivery of the said funeral hall.
3. Judgment on the defendant's assertion
A. The Defendant asserted that the instant lease contract was renewed since it was demanded to renew it to the Plaintiff one month prior to the termination of the instant lease contract, but there is no evidence to acknowledge this.
The defendant's above assertion is without merit.
B. Since Article 9(1) of the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”) applies to the instant lease agreement, the term of lease, the period of which is set to be less than one year, shall be deemed one year, the Defendant asserts that the expiration date of the instant lease agreement was July 31, 2017 when one year has elapsed from the beginning date of the lease term, and that the Defendant demanded renewal to the Plaintiff one month prior to the commencement date of the lease term.
According to Article 2(1) and (2) of the Commercial Building Lease Act and Article 2 of the Enforcement Decree of the Commercial Building Lease Act, a lease contract, the amount of security deposit for a commercial building located in Chungcheongnam-gun is excluded in principle from the application of the Commercial Building Lease Act, and the amount of security deposit for a commercial building located in Chungcheongnam-gun shall be converted by 100/10 to the monthly rent. The monthly rent of the lease contract of this case shall include the amount converted by 100/10.