건물명도 등
1. The part concerning the claim for delivery of a building among the instant lawsuits shall be dismissed.
2. The defendant shall pay KRW 704,838 to the plaintiff.
3...
1. Fact-finding [Grounds for recognition], entry of Gap evidence No. 1, and the purport of the whole pleadings (i.e., the purport of the whole pleadings) on March 29, 2017, the plaintiff set the building of this case as lease term from March 29, 2017 to March 28, 2018; lease deposit of one million won; and lease fee of 350,000 won per month to the defendant.
② The Defendant paid KRW 1 million to the Plaintiff the lease deposit.
① From March 29, 2017 to June 24, 2018, the Defendant occupied and used the instant building.
② The Defendant did not pay monthly rent from January 29, 2018.
2. The assertion and judgment
A. On June 24, 2018, there is no dispute between the parties that the Defendant delivered the instant building to the Plaintiff on June 24, 2018, and thus, it is no longer necessary to maintain a lawsuit seeking delivery of the instant building as the Plaintiff to whom the instant building was transferred.
In the lawsuit of this case, the part of the claim for delivery of a building is unlawful and dismissed as the benefit of protection of rights.
B. The Plaintiff asserts that the Defendant had terminated the instant lease agreement on the ground of the rent-related body on January 29, 2018, by failing to pay the rent from January 29, 2018, and sought payment of rent and unjust enrichment after deducting a deposit of one million won from the remainder. < Amended by Act No. 15304, Mar. 19, 2018>
Plaintiff
There is no evidence to acknowledge the termination of the instant lease agreement.
However, since the term of lease of this case expires, the lease of this case is deemed to be terminated.
From January 29, 2018 to June 24, 2018 (the date of completion of possession) the amount of illegal gains equivalent to rent or rent is KRW 1,704,838 (=350,000 x (4 and 27/31 months).
As requested by the Plaintiff, if one million won is deducted from the lease deposit, the Defendant is obligated to pay 704,838 won to the Plaintiff.
In excess of this, the plaintiff's claim is without merit.
3. The part concerning the claim for the delivery of a building among the instant lawsuits is dismissed as there is no benefit in the protection of rights.