건물명도(인도)
1. The defendant shall be the plaintiff.
A. At the same time, the Plaintiff received KRW 30,000,000 from the building, among buildings listed in the attached Table.
1. Basic facts
A. On May 11, 2010, the Defendant entered into a lease agreement between C and the attached list with respect to 30,000,000, monthly rent of KRW 280,000, and the period from May 24, 2010 to May 23, 2012 with respect to 52.03 square meters in order to indicate 1, 2, 3, 3, 4, 4, and 1. (hereinafter “the instant building”). The said lease agreement was explicitly renewed after the lease.
B. On October 10, 2013, the Plaintiff acquired ownership of the instant building on and around October 10, 2013, and entered into a lease agreement with the Defendant and the instant building (hereinafter “instant lease agreement”) with a deposit of KRW 30,000,000, monthly rent of KRW 2.6 million (payment of KRW 10,000 for each subsequent month) and the term of lease from May 24, 2013 to May 23, 2014 (hereinafter “instant lease agreement”).
C. On August 31, 2018, the Plaintiff sent to the Defendant a certificate of content that contains the refusal to renew the instant lease agreement, and the said certificate reached the Defendant around that time.
The Defendant paid all the rent to the Plaintiff up to October 10, 2019, which is the rent of the instant case, until the date of closing the argument.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, purport of the whole pleadings
2. According to the above facts of determination as to the cause of claim, the instant lease agreement was terminated on May 23, 2019, and the Defendant without title occupies the instant building. Therefore, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff, and the Defendant is obligated to pay the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 2,60,000 per month from October 11, 2019 to October 2, 201.
In regard to this, the Defendant asserted that the term of the lease of this case was extended on December 31, 2018, and that the term of the lease of this case was renewed by one year, and that the lease of this case terminated on December 31, 2019, but it is insufficient to recognize it solely with the descriptions of the evidence No. 4 and No. 1, and otherwise, evidence to acknowledge it.