토지인도
1. The plaintiff's appeal and the main claim added to the trial are all dismissed.
2.The preliminary charges shall be added at the trial.
1. Judgment as to the main claim
A. On August 30, 2016, the Plaintiff asserted that the Plaintiff leased the instant land to the Defendant, Seoul Special Metropolitan City, Seoul Special Metropolitan City, 443 square meters (hereinafter “instant land”). Since the lease term expires on August 30, 2018, the Defendant is obligated to remove to the Plaintiff the portion of the instant land attached to the Plaintiff’s land, which connects each point of the said land in sequence, to the Plaintiff with the indication of the drawings attached to the said land, (b), (c), (f), (f), (g), (g), and (a), and to deliver the said land.
In addition, since the Defendant did not pay the rent of KRW 1,00,000 per month from November 1, 2018, the Defendant is obligated to return to the Plaintiff the rent of KRW 1,00,000 per month from November 1, 208 to the completion date of delivery of the above land.
B. The reasoning of the judgment on this part of the judgment is the same as that of the judgment of the court of first instance, and thus, this part of the judgment is cited in accordance with the main text
(2) The plaintiff's claim for return of unjust enrichment equivalent to this part of the rent or rent is asserted on the premise that the removal of the vinyl house of this case and the claim for delivery of the land of this case will be accepted, and this part of the plaintiff's claim is without merit).
A. As alleged in the Plaintiff’s assertion, the lease contract for the instant land was terminated, and the Defendant’s exercise of the Defendant’s right to demand the purchase of ground water was established, and the sales contract for the instant vinyl was established. Since the Defendant occupied the instant land and thereby making a considerable amount of unjust enrichment, the Defendant’s possession of the instant land, thereby making up for nine months from November 1, 2018 to July 31, 2019, the instant vinyl amounting to KRW 8,430,000, out of the unpaid rent or the amount of unjust enrichment equivalent to the rent.
Therefore, the Defendant is obligated to deliver the instant land and the instant vinyl to the Plaintiff, and to return the rent of KRW 1,000,000 or unjust enrichment equivalent to the rent from August 1, 2019 to the completion date of delivery of the instant land.
B. The defendant.