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Reasons
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(영문) 서울고등법원 2016.12.09 2015나27721
건물인도등
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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the scope of the order to perform is revoked, and that part is revoked.

Reasons

1. Basic facts

A. On June 4, 2010, the Plaintiff owned the Plaintiff to Defendant C.

1. One of the buildings listed in the list (hereinafter “instant building”) was leased at KRW 60,00,000 as lease deposit, monthly rent of KRW 3,000,000.

B. On June 6, 2012, the Plaintiff leased to Defendant C the first floor of the instant building by setting the lease deposit amount of KRW 60,000,000, monthly rent of KRW 3,300,000, and the lease term of KRW 4, 2014.

In addition, on October 2, 2012, the Plaintiff leased the second floor among the instant building to Defendant B by the term of 40,000,000,000, monthly rent of KRW 1,700,000, and the lease term of October 14, 2014.

C. On June 4, 2014, the Plaintiff leased the first and second floors among the instant buildings to the Defendants by setting the lease deposit of KRW 100,000,000, monthly rent of KRW 5,500,000, and the lease term from June 4, 2014 to June 3, 2015. The lease term thereafter was renewed from June 4, 2015 to June 3, 2016, the Plaintiff changed the lease term of KRW 6,50,000 as monthly rent from June 4, 2015.

On September 4, 2014, the Plaintiff attached Form No. 301 among the instant buildings to Defendant B.

2. Drawings 10,00,000 won, monthly rent of KRW 60,00,000, monthly rent of KRW 30,000, management expenses, monthly rent of KRW 30,000, and period of lease from September 4, 2014 to September 3, 2016 (hereinafter referred to as “instant lease agreement,” including lease agreements on KRW 1,2, 300,000, monthly rent of KRW 60,000, monthly rent of KRW 30,000, and from September 3, 2016 (hereinafter referred to as “the instant building”).

2) Each entry in the evidence No. 1, No. 1-3, No. 1-1, No. 8-1, and No. 8-2, and the purport of the whole pleadings

2. Determination on the delivery of a building and the claim for return of unjust enrichment

A. The Plaintiff and the Defendants, on June 4, 2015, extended a lease agreement for the first and second floors among the instant buildings on June 4, 2015, and did not pay the principal and interest of the loan under the existing overdue rent (which was five and June 2015 and the following sub-paragraph 3) within one month.

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