부동산인도 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
1. In the first instance court, the Plaintiff filed a claim for the delivery of the instant store, the overdue rent, or the unjust enrichment equivalent to the rent. The court of first instance accepted the Plaintiff’s claim for delivery, and dismissed the Plaintiff’s claim for unjust enrichment equivalent to the overdue rent or rent.
Since the defendant appealed against the part of the claim for delivery against the defendant, the scope of the judgment of this court is limited to the part of the plaintiff's claim for delivery.
2. Basic facts
A. On December 24, 2011, the Plaintiff is running a business with the trade name “F” at the said store by leasing one column from among the first floor of the real estate indicated in the attached Table 1 owned by the Selection C from the Selection C.
B. On September 16, 2014, the Plaintiff entered into a sublease contract with the Defendant on the instant store, 10,000,000 won, monthly rent of KRW 80,000, and two-year contract period, with respect to the instant store, which is the part outside of the said store (hereinafter “instant sublease contract”), and changed the said sublease contract into KRW 1,00,000 on January 1, 205 without a deposit (hereinafter “instant modified contract”), and the said contract was implicitly renewed thereafter.
The defendant has operated an excessive store in the store of this case.
C. The monthly rent under the instant sublease contract was paid from September 2014 to October 2015 by E, and from then October 1, 2018, D transferred the relevant rent to the Plaintiff’s account by means of remitting it to the Plaintiff’s account. Since then, D did not pay it thereafter.
The Plaintiff, on October 1, 2018, notified G (the Defendant’s provisional name) that the designated person who is the owner of the building requires the restoration to the original state by content-certified mail, and accordingly, requested the delivery of the instant store within a week after the receipt of the said mail.
E. On October 24, 2018, with respect to the Plaintiff’s content-certified mail, the answer sent to D on October 24, 2018, by content-certified mail, and the above answer was sent.