Text
1. The defendant shall be the plaintiff.
A. The second floor model house of a general steel structure with a 1022.5 square meters above land in Sungwon-si, Changwon-si.
Reasons
1. Indication of claim;
A. On August 26, 2016, the Plaintiff: (a) leased the land of Sungsi-gu, Sungwon-si, Sungwon-si, 1022.5 square meters (hereinafter “instant land”) to the Defendant for a fixed period of KRW 10 million per rent and one year for lease; and (b) at the time, the Defendant agreed to remove the instant land upon the expiration of the lease term after operating the building for the model hybrid use on the instant land.
B. The Defendant constructed a second floor building on the instant land and operated it as a model house, and the Plaintiff and the Defendant extended the term of the instant land lease on October 30, 2017 by April 29, 2018.
C. The term of lease stipulated in the lease agreement on the instant land was terminated on April 29, 2018.
Therefore, the Defendant is obligated to remove the second floor building constructed on the instant land to the Plaintiff, and deliver the instant land, and ③ to pay unjust enrichment of KRW 80 million equivalent to the rent for the eight-month period from April 30, 2018 to December 31, 2018, as well as damages for delay thereof, and to pay to the Plaintiff unjust enrichment of KRW 10 million per month from January 1, 2019 to the completion date of delivery of the instant land.
2. Article 208 (3) 1 of the Civil Procedure Act: