건물명도(인도)
1. The defendant delivers to the plaintiff the building indicated in the attached list, and 70,000 per month from February 22, 2017 to the above delivery date.
① On July 20, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the attached list (hereinafter “instant building”) with a deposit of KRW 10 million, monthly rent of KRW 700,000,000,000 from July 22, 2016 to July 21, 2017. ② The Defendant borrowed KRW 10,000 from B at the time to pay the deposit (as a result, the deposit was agreed to return the instant lease agreement to B, not the Defendant) and occupied the instant building upon delivery, used, and was not paid the rent from February 22, 2017. ③ The Plaintiff was lawfully notified the Defendant of the termination of the instant lease agreement on the grounds that the instant lease was overdue for a period of two or more years by the delivery of the complaint of this case, and thus, the Plaintiff became unable to reach a dispute between the parties to the instant contract and the Defendant on July 27, 2017.
Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the Plaintiff the rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 700,000 per month from February 22, 2017 to the above delivery date.
Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.