건물명도(인도)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On February 27, 2017, the Defendant leased the part of the second floor among the buildings listed in the attached list from C from February 27, 2017, with a period of KRW 120 million from April 3, 2017 to April 2, 2019.
(hereinafter “Lease of this case”). (b)
On December 4, 2017, the Plaintiff purchased a building listed in the separate sheet from C on December 4, 2017 and completed the registration of ownership transfer on December 29, 2017, and succeeded to the status of the lessor under the instant lease agreement.
C. After the expiration of the above term, the lease of this case was implicitly renewed pursuant to Article 6(1) and (2) of the Housing Lease Protection Act.
On the other hand, the attached list consists of one underground floor and two above ground floor on the building ledger. In fact, other than the rooftop, a rooftop is installed on the rooftop (hereinafter “instant rooftop”). The Defendant occupied and used the instant rooftop as the leased object.
[Evidence] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The party's assertion and judgment
A. The plaintiff asserts that the plaintiff is obligated to deliver the instant rooftop room to the plaintiff and to pay unjust enrichment equivalent to the rent for the instant rooftop room, since the defendant occupied and used the instant rooftop room without permission even though the instant rooftop room was not included in the leased object.
In regard to this, the Defendant asserted that, since the instant rooftop was included in the leased object and the Defendant was legally leased, the Defendant could not respond to the Plaintiff’s claim.
B. In full view of the following circumstances, there is no dispute between the parties to the judgment, or in full view of the following circumstances acknowledged by the overall purport of the evidence Nos. 3 through 6, and evidence Nos. 2 and 7, it is reasonable to deem that the instant rooftop also included in the leased object and the Defendant’s lawful lease.