건물명도
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by each person;
1. On August 17, 2010, the Defendants entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff, under the name of Defendant B, setting the housing and neighborhood living facilities of the second floor size on the ground in Jongno-gu Seoul, Jongno-gu, Seoul (hereinafter “instant building”) located within the scope of the lease term by August 16, 2015, with a deposit of KRW 100 million (hereinafter “instant deposit”). The monthly rent under the instant lease agreement was KRW 310,000 (excluding value-added tax) from July 1, 2013.
The defendants resided in the building of this case and operated the building of this case as a camera and a string.
The instant lease agreement expired on October 31, 2015, which is the extended time limit, and the Defendants paid rent up to that time to the Plaintiff.
On December 8, 2015, the Plaintiff deposited KRW 100,000,000 as Seoul Central District Court Decision 2015No27075 on December 8, 2015 on the ground of the obligee’s uncertainty.
(hereinafter “Deposit.” The Defendants delivered the instant building to the Plaintiff on January 5, 2016, and received the instant deposit money on January 14, 2016.
[Grounds for Recognition: Evidence No. 1-5, Evidence No. 7-9, and Evidence No. 21, the purport of the whole pleadings]
2. The plaintiff's assertion and judgment
A. Since the Defendants asserted that the instant building was occupied and used without legitimate title after the termination of the instant lease agreement, from November 1, 2015 to January 5, 2016, the Plaintiff is obligated to pay the monthly rent as unjust enrichment or damages for illegal occupancy.
B. Determination as to the claim for unjust enrichment (1) In a case where a lessee continues to possess the leased building even after the lease contract relationship is terminated, but the lessee fails to obtain substantial benefits due to his/her failure to use or make profit according to the original purpose of the lease contract, the damage to the lessor is thereby incurred.