건물명도 등
1. Of the instant lawsuit, seek reimbursement of the amount of unjust enrichment equivalent to management expenses or management expenses after May 2020.
1. On February 5, 2018, the Plaintiff, the owner of each building listed in the separate list of basic facts (hereinafter “each of the instant buildings”) leased each of the instant buildings to the Defendant with a deposit of KRW 8 million, monthly rent of KRW 50,000 (excluding value-added tax, monthly rent of KRW 30,000 (payment of value-added tax, monthly rent of KRW 30,000), and the lease term from February 5, 2018 to February 4, 2020 (hereinafter “instant lease contract”).
【Evidence of Evidence Nos. 1-1, 2, and 2 of Evidence No. 1-2
2. Determination as to the cause of action
A. The Plaintiff’s assertion 1) The Defendant did not pay rent to the Plaintiff from January 1, 2019, and thus, the instant lease contract is terminated by serving a duplicate of the complaint of this case. Therefore, the Defendant is obligated to deliver each of the instant buildings to the Plaintiff. Therefore, the rent of each of the instant buildings is KRW 605,00 per month (including value-added tax), and the management fee is an average of KRW 105,00 per month. Thus, the Defendant is obligated to pay to the Plaintiff rent of KRW 710,00 per month from January 1, 2020 to the completion date of delivery of each of the instant buildings (= KRW 605,000) and the management fee or unjust enrichment calculated in proportion to the rent, management fee, or unjust enrichment.
B. 1) According to Article 640 of the Civil Act regarding the claim for the delivery of each building of this case, in the lease of a building or structure of this case, when the delayed amount of rent of a lessee reaches the amount of rent of two years, the lessor may terminate the lease. Since January 2019, there is no evidence to prove that the Defendant paid the Plaintiff a rent under the lease contract of this case, and on this ground, the delayed amount reaches the two-term rent. The fact that the copy of the complaint of this case stating the Plaintiff’s declaration of intent to terminate the lease of this case was delivered to the Defendant on June 3, 2020 is apparent in the record. Therefore, since the lease of this case was terminated on June 3, 2020, the Defendant is obligated to deliver each building of this case to the Plaintiff. 2) As to the claim for rent, management fee or unjust enrichment, the lease of this case is rent or rent.