건물명도(인도)
1. The judgment of the first instance is modified as follows according to the modification of the claim by this court.
The defendant shall be the plaintiff.
1. Facts of recognition;
A. On December 11, 2017, the Plaintiff purchased a building listed in the separate sheet (hereinafter “instant building”) and completed the registration of ownership transfer on the said building on December 27, 2017.
B. On January 11, 2018, the Plaintiff: (a) concluded a lease agreement with the Defendant, the former owner of the instant building, who was operating the instant second floor (hereinafter “F”) and the lessee who was operating the instant second floor, to succeed to the status of the former lessor; (b) concluded that the Plaintiff succeeds to the status of the former lessor; and (c) concluded a lease agreement with the term “the lease deposit amounting to KRW 20 million, monthly rent of KRW 1.5 million (payment on the last day of each month), and the lease period until July 31, 2018 (the expiration date due to implied renewal).”
(hereinafter referred to as “instant lease agreement”) the Plaintiff succeeded to.
The Defendant paid the Plaintiff the rent up to March 2018, and did not pay the rent on the ground that “the Plaintiff got out of water for two months at the instant store.” On July 11, 2018, the Defendant notified the Defendant of the termination of the instant lease agreement on the ground that the Plaintiff was in arrears for three months.
[Ground of recognition] Facts without dispute, Gap 1-6 evidence, Eul 1 evidence, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff 1 asserts that the lease contract of this case was terminated or terminated due to the following reasons. The plaintiff 1 claims against the defendant for unjust enrichment equivalent to the rent in case the delivery of the store of this case and the lease deposit were terminated by mutual aid due to the simultaneous implementation of the payment after deducting the overdue rent from the lease deposit.
① The Defendant did not pay the three instances of arrears, and on that ground, the Plaintiff notified the termination on July 11, 2018, and the instant lease agreement was lawfully terminated.
② The Defendant was in arrears with the three-year period for the second time, and on this ground, the Plaintiff notified the termination on July 11, 2019 and the instant lease agreement is concluded.