건물명도 등
1. The defendant delivers the building indicated in the attached list to the plaintiff, and pays KRW 8,496,666 to the plaintiff.
2. The plaintiff's remainder.
1. In addition to the description of the grounds for the claim;
2. Article 208 (3) 3 of the Civil Procedure Act of the applicable Act;
3. The part dismissing the Plaintiff sought payment of rent or unjust enrichment calculated at the rate of KRW 700,00 per month from May 21, 2018 to May 20, 2018, along with unpaid rent of KRW 5.3 million from October 4, 2017 to May 20, 2018.
In light of the above, since the tenant continued possession of the leased building part after the lease contract relationship was terminated, in case where the tenant did not use or make profit according to the original purpose of the lease contract and did not actually gain profit, the tenant’s return of unjust enrichment is not established (see Supreme Court Decision 98Da8554, Jul. 10, 1998). Since the Defendant appears to operate a restaurant at the building listed in the separate sheet until June 2018, it is deemed that the lessee had operated the restaurant, it is obligated to pay the rent until October 6, 2018 when the lease contract was terminated, but thereafter, the lessee did not use or make profit according to the original purpose of the lease contract. Therefore, the lessee does not bear the obligation to return unjust enrichment.
Therefore, the Defendant is obligated to pay only the rent of KRW 5.3 million due from October 4, 2017 to May 20, 2018 and the unpaid rent of KRW 3,196,66 to October 6, 2018, which is less than KRW 8,496,666, to the Plaintiff.