건물명도 등
1. The defendant shall be the plaintiff.
(a) deliver part of the building listed in the annex 1 list in the annex 2 list;
(b) February 1, 2019
1. On February 22, 2017, the Plaintiff indicated the claim on the attached list 1, and leased the attached list 2 of the real estate listed in the attached list 1 (hereinafter “instant building”) to the Defendant with the lease deposit of KRW 30 million, monthly rent of KRW 34 million, and the lease term of KRW 2 years.
In February 22, 2019, the Defendant did not pay the Plaintiff the instant building without paying it to the Plaintiff even though the term of lease expires.
Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff and pay unjust enrichment equivalent to the rent calculated by the ratio of KRW 3.4 million per month from February 23, 2019 to the completion date of delivery of the instant building.
(A) The Plaintiff did not expressly state that the nature of a monetary claim seeking performance by itself is “right to claim restitution of unjust enrichment.” However, upon examining the content thereof, the Plaintiff’s decision without holding any pleadings (Articles 208(3)1 and 257(1) of the Civil Procedure Act).