건물인도
1. The defendant among the 1st floor of the building listed in the separate sheet, the following specifications 1, 2, 3, 4, 5, 6, 7, 7, 7.
1. Basic facts
A. On October 30, 2015, the Plaintiffs acquired the ownership of the building listed in the separate sheet (hereinafter “instant building”) on each one-half share, respectively.
B. On June 15, 2013, the Defendant leased out and possessed 40 square meters of the part (A) in the ship (hereinafter “instant leased part”) connected each other, in sequence, among the instant building, from the former owner, the following: (a) indication of drawings 1,2, 3, 4, 4, 5, 5, 6, 7, 1.
C. On December 12, 2015, Plaintiff A entered into a lease agreement with the Defendant on the leased portion of this case with KRW 2 million, monthly rent, and KRW 170,000,000.
(hereinafter “instant lease agreement”). D.
From November 1, 2015, the Defendant did not pay rent to the Plaintiff, and on February 4, 2016, the Plaintiff sent the notice to the Defendant that the lease contract will be terminated on the grounds of delayed rent by mail.
[Ground of recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including attachment of provisional number), the purport of the whole pleadings
2. Determination
A. The content-certified mail sent by the Plaintiff A to the Defendant is presumed to have reached the Defendant at that time, barring any special circumstance.
Therefore, the instant lease agreement was lawfully terminated around February 4, 2016 by the Plaintiff’s declaration of termination on the ground of the Defendant’s two or more lease-related vehicles, which was based on the Defendant’s two or more lease-related vehicles.
Therefore, the defendant is obligated to deliver the leased portion of this case to the plaintiffs who are the owners of the building of this case, and to pay unjust enrichment equivalent to the rent or rent from the date when the rent is in arrears to the date when delivery is completed.
The Defendant paid the Plaintiff A the amount equivalent to ten-month rent [1,309,000 won (561,00 won) ± 187,000 won equivalent to the rent added to value-added tax = 10 months] after the termination of the instant lease agreement as follows, and paid the Defendant with unjust enrichment equivalent to the rent or rent from November 2015 to August 2016.