건물인도
The defendant is from 139,671,800 won to 139,671,800 won from the plaintiff, to 162.73m2 among the real estate listed in the annexed sheet from December 19, 2020.
1. Facts of recognition;
A. On July 18, 2016, the Plaintiffs entered into a lease agreement with the Defendant on the first floor of real estate listed in the separate sheet (hereinafter “instant store”) with respect to KRW 150,00,000,000, monthly rent, KRW 7,700,000 (including value added taxes), management expenses monthly, KRW 323,40, and period from July 19, 2016 to July 18, 2018 (hereinafter “instant lease agreement”), and delivered the instant store to the Defendant (the instant lease agreement was renewed thereafter). From around April 2019 to around July 15, 2019, the Plaintiffs filed a complaint with the Defendant for the cancellation of the instant lease agreement on several occasions, and the Plaintiffs filed a complaint with the Defendant on the following grounds: (a) from November 15, 2019 to around 20, the instant lease agreement was terminated; and (b) the Plaintiffs filed a complaint with the Defendant for the cancellation of the instant lease agreement.
(c)
As of the closing date of the argument in this case, the defendant operates the store in this case, and uses and benefits from the store.
【Unfounded grounds for recognition】 Facts without dispute, entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. According to the facts acknowledged in the above 1. Paragraph (1) above, the instant lease agreement was lawfully terminated around May 13, 2020 upon the Plaintiffs’ declaration of termination on the grounds of the Defendant’s failure to pay rent.
In addition, since the defendant continues to possess and use the store of this case without any legal cause even after the termination of the lease contract of this case, and gains a profit equivalent to the rent, it is obligated to return it as unfair profit.
With respect to the amount equivalent to unfair profit and management expenses equivalent to the rent to be refunded by the Defendant, the Plaintiffs are those who received 398,412,000 won from the Defendant as the name of the amount of unfair profit equivalent to the rent and the amount of rent from the Defendant from July 19, 2016 to December 18, 2020, and 16,49,100 won as management expenses.