건물명도(인도)
1. The defendant shall be the plaintiff.
(a) deliver (attached Form) buildings listed in the list;
(b) 3,860,000 won and the same shall apply thereto.
1. According to the evidence evidence Nos. 1 through 10, the Plaintiff entered into a lease agreement with the Defendant on March 13, 2019 with regard to the buildings listed in the list (attached Form) (hereinafter “instant building”) with the Defendant (hereinafter “instant building”) by setting the deposit amount of KRW 3,00,000, monthly rent of KRW 490,000, monthly rent of KRW 490,000, March 29 through March 28, 2019; the Plaintiff delivered the instant building to the Defendant on March 29, 2019; the Plaintiff did not pay the rent from April 2019 to August 5, 2019.
2. According to the above facts finding, it is reasonable to view that the Defendant was in arrears with two or more vehicles, and that there was no evidence to deem that the Plaintiff returned the content-certified mail sent on August 5, 2019, and that the service was made to the Defendant around that time (see Supreme Court Decision 2000Da20052, Oct. 27, 200). Accordingly, the above lease agreement was lawfully terminated around August 5, 2019.
Therefore, the defendant delivers the building of this case to the plaintiff and pays damages for delay calculated at the rate of 12% per annum from June 3, 2020 to June 2020, which is calculated at the rate of 3,860,000 won (=490,000 won x 14 months - deposit3,000,000 won) and the amount of unjust enrichment calculated at the rate of 12% per annum from June 21, 2020 to June 21, 2020 after delivery of a copy of the request for change of the purport of the claim and the request for change of the cause of the claim of this case from June 3, 2020 to the date of complete payment. The above obligation to pay unjust enrichment calculated at the rate of 490,000 won per month from July 1, 202 to the completion date of delivery of the building of this case.
(3) The plaintiff's claim of this case is justified and it is so decided as per Disposition by the court below, since the defendant refused to deliver the building of this case, it is necessary to claim in advance unjust enrichment that occurred after the date of closing argument.