건물인도
1. The defendant shall be the plaintiff.
(a) deliver the buildings listed in the annex;
B. From January 13, 2015, the delivery of the above building.
The Plaintiff acquired ownership on January 12, 2015 by receiving the successful bid for the instant building, which is the instant building, in the public sale procedure, and paying the price in full, on or before January 12, 2015, and the fact that the Defendant, on November 15, 2013, set up and leased the instant building as KRW 2 million and KRW 5 million monthly rent, and continuously occupied it around that time, is not a dispute between the parties. Thus, the Defendant is obligated to deliver the instant building to the Plaintiff who is the owner, and to pay the amount calculated at the rate of KRW 50,000,00,000,000, which is the amount equivalent to the rent from January 13, 2015 to the completion date of the said delivery, which is the following day after the Plaintiff acquired ownership as unjust enrichment.
As to this, the defendant was not yet terminated since six months have not yet passed since the notice of termination was given as a lease without a fixed term of the above lease contract.
In the case of a factory lease, the period for restitution should be granted under the principle of good faith. However, the existence of a lease relationship cannot be asserted against the plaintiff, not the lessor, and there is no ground to apply special legal principles different from the ordinary lease as the defendant claims concerning the factory lease. Therefore, each of the above arguments by the defendant are without merit without further review.
Therefore, the plaintiff's claim of this case is justified, and all of them are accepted, and it is so decided as per Disposition.