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1. The defendant shall be the plaintiff.
(a) Of the land listed in the separate sheet, each point in the separate sheet No. 1, 2, 3, 4, and 1;
Reasons
1. Basic facts
A. The land indicated in the attached list (hereinafter “instant land”) was owned by C, the father of the Plaintiff, and C around May 1, 2005, around 3.5 million won per annum, and the period from May 1, 2005 to April 30, 2007, each of the instant land was leased (hereinafter “the instant lease”) to the Defendant (hereinafter “the instant lease”). The Defendant up to now set forth the disposition No. 1 on the instant land.
A temporary building, measuring unit, fence, etc. (hereinafter referred to as “instant building, etc.”) entered in the port is constructed and occupied and used.
B. C donated the instant land to the Plaintiff on May 23, 2005, and on May 25, 2005, the registration of ownership transfer was completed in the name of the Plaintiff on the instant land.
C. From May 1, 2007, the Defendant did not pay a car for the instant lease agreement from May 1, 2007 to the date.
For reasons of unpaid rent, etc., a duplicate of the complaint of this case was served on the Defendant on December 1, 2015, seeking removal of the building of this case, delivery of the site, payment of rent, or unjust enrichment equivalent to rent, etc.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. According to the facts as to the cause of the claim, it is reasonable to view that the Plaintiff, who succeeded to the status of a lessor under the instant lease agreement, by C, expressed to the Defendant that he/she terminated the instant lease agreement on the grounds of more than two lease delays through a duplicate of the complaint of this case. Accordingly, the instant lease agreement was terminated on December 1, 2015.
I would like to say.
Therefore, the Defendant removed the instant building, etc. to the Plaintiff, delivered the site, and paid the amount equivalent to 28 million won in arrears for the eight years from May 1, 2007 to April 30, 2015 (=3.5 million won in arrears x 8 years) and the amount of unjust enrichment equivalent to 3.5 million won in each year from May 1, 2015 to the date the delivery of the said building site is completed.
B. As to the Defendant’s assertion, 1.