beta
(영문) 서울남부지방법원 2019.11.13 2019가단203358

건물명도(인도)

Text

1. The defendant shall receive a refund of the remaining amount from the plaintiff after deducting the amount set forth in paragraph 2 from the amount of KRW 20 million.

Reasons

1. Comprehensively taking account of the overall purport of arguments as to the grounds for claims Gap evidence Nos. 1 through 6, and evidence Nos. 11 through 13, the plaintiff and the defendant concluded a lease contract on June 1, 2009 with respect to the real estate stated in the Disposition No. 1 (hereinafter "the building of this case") and renewed it several times, and finally, it is one year from January 1, 2018 to December 31, 2018, and one year from December 31, 2018, lease deposit amount of 20,000 won, monthly rent of 1,256,60 won (excluding value-added tax), and the lease contract of this case (hereinafter "the lease contract of this case") with the defendant 20,000 won for the reconstruction plan of this case at the time of the lease contract of this case, and the plaintiff and the defendant are expected to terminate the rebuilding contract of this case between the plaintiff and the defendant 120,015.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and to return unjust enrichment equivalent to the rent from August 1, 2019 to the day of full payment (including KRW 1,256,600 management fees of KRW 4,900 x 44) x 110%, and value-added tax) from August 1, 2019 to the day of full payment, after the Plaintiff was a person who received unjust enrichment equivalent to the rent or rent from the Defendant.

2. Judgment on the defendant's assertion

A. The defendant alleged on the right to request renewal of the lease agreement, shall be the time of construction related to the reconstruction of the building of this case and the required period.