Lease Contract Research Articles

Multi Sensor-Based Failure Diagnosis using the Mahalanobis Taguchi System

Heavy equipment in the mining industry is an essential instrument in achieving the company’s production targets. But on the other hand, heavy equipment is complicated and expensive equipment. These problems can be overcome by leasing the equipment to an external agent. In the lease contract between the lessee and lessor, it is discussed about the maintenance strategy of the equipment that will be rented by the lessee. This research presents a real-time monitoring scheme based on multi-sensor data installed on the machine. Case studies from this research were carried out on excavator units in heavy equipment rental companies. The Mahalanobis Taguchi System (MTS) method is used to handle multi-sensor data. Multi-sensor data is grouped into normal condition groups and abnormal condition groups. The variables used to monitor excavator conditions include vibration, pressure and temperature sensors. Based on the results of the calculation of the excavator threshold conditions using the Mahalanobis Distance (MD) measurement technique, the threshold of normal conditions is (-2.137 to 4.121). In contrast, in abnormal accumulator conditions (4, 331 to 39, 458), pump failure (40, 956 to 138, 048), valve failure (2708, 104 to 3404, 187) and the threshold in the condition of the cooler failure is (10736.160 to 11434.151). This research shows that the MD-based CBM scheme produced can detect, identify, and isolate the failure of excavator components under study.

Economic feasibility for the cost of land use provided for construction: a case study of the Stavropolsky municipal district of Samara region

The value of a land plot or property rights to it is an important link in the investment and construction design. This paper considers a transparent, comprehensible and justified mechanism for the development of cost parameters using a case study of land plots provided for construction located on the territory of the Stavropolsky municipal district of Samara Region. The obtained cost indicators of the land use provided for construction are determined based on the analysis and examination of not only real lease agreements but also using alternative calculations. While calculating the indicators, the authors applied the principles taken from the Decree of the Government of the Russian Federation of July 16, 2009 No. 582 as well as the analysis of real land lease contracts for construction and calculations based on current standards and the development of construction costs based on aggregated indicators.

Beginning Point of the Ten-Year Extension Period in Fixed Term Lease Contracts for Residential and Roofed Business Premises and the Earliest Time Period for the Lessor to Notify Termination

The termination of lease contracts of residential and roofed business premises has been regulated under the 347th article of Turkish Code of Obligations numbered 6098. First paragraph of the article regulates the termination of lease contracts for residences (dwelling houses) and roofed business premises (working places) concluded for a limited duration (fixed term contracts). Pursuant to the first paragraph of Article 347, at the fixed term lease contract of residential and roofed business premises, the contract is deemed to be extended for one year under the same conditions unless the tenant gives notice at least fifteen days prior to the expiration of the contract. The lessor cannot terminate the contract based on the expiry of the contract period. However, at the end of the ten-year extension period, the lessor may terminate the contract without any justification grounds, by giving at least three months’ notice before the end of each extension period. It is controversial when the ten-year extension period will begin and when the lessor can use the right to terminate at the earliest. In addition, in cases where the lease term is agreed for a period of more than ten years, when the lessor can use the right of termination, is a matter to be evaluated separately. In this study, in terms of the termination of fixed term lease contracts for residential and roofed business premises, the issue of the beginning of the ten-year extension period and the earliest time that the lessor can notify the end of the contract for termination is evaluated in the context of opinions and judicial practice. Finally, our opinion regarding the subject as de lege lata and de lege ferenda is explained.

Право на заключение договоров аренды лесных участков на новый срок без проведения торгов и основные принципы лесного законодательства

Introduction: the article covers the problems of exercising a lessee’s right to make a forest block lease contract for another term with no auction procedures in the light of the basic principles of forest law. The main problematics resulted from the 2007-2008 procedure of re-issuance of forest block lease contracts made at auction in accordance with the prior Forest Code of the Russian Federation, and the refusal of law enforcement agencies to recognize these lease relations as single and effective after the new Forest Code of the Russian Federation was adopted in 2007. Purpose: to provide a theoretical assessment of the lessors’ refusal to enter into forest block lease contracts with the good faith lessees for another term through no auction procedure, and to assess the compliance of these refusals with the principles of forest legislation. Methods: the dialectical method was used in research as the main one: the right to make a forest block lease contract for another term through no auction procedure is viewed with reference to its genesis, nature, purpose and differentiation from the priority right to make a forest block lease contract for another term on the basis of the results of an auction. Results: it is proved that the re-issuance of a lease contract resulted in a single effective relation between a lessee and a lessor which had arisen on the basis of an auction and was documented in two lease agreements, and that the re-issuance procedure did not cancel the legal basis of the relations commencement (i.e. the auction being won by the lessee) and did not affect the lease duration. Therefore, the good faith lessees who won forest-related auctions, subsequently re-issued the lease contracts, and used the forest blocks for a period of 10 years or more, have the right to conclude lease contracts for a new period without auctions. This approach corresponds to the basic principles of forest law (the need to conserve forests, ensure the quality of forests, sustainably use forests, etc.).

Investment and Financing Perspectives for a Solar Photovoltaic Project

In this work we illustrate a simple logical framework serving the purpose of measuring value creation in a real-life solar photovoltaic project, funded with a lease contract, a loan contract and internal financing (i.e., withdrawal from liquid assets). We use the projected accounting data to compute the value created. We assess the project from both an investment perspective (operating assets and liquid assets) and a financing perspective (debt and equity). Furthermore, focusing on value creation for equity-holders, we calculate the expected contribution on shareholders wealth increase of operating and financing activity. In particular, we highlight the role of the distribution policy in financial modeling, by underlining the strict logical connections between estimated data and financial decisions.

Młynarstwo i piekarstwo w Piotrkowie w XVI–XVIII wieku

In the early modern period Piotrkow was the largest urban centre of the Sieradz voivodship, and counted among the middle-sized towns of the Crown of Poland, having a population of c. 2000 in the second half of the 16th c. Furthermore, it was politically significant as the seat of the general assembly of the Seym of the Crown in the 15th–16th c., and from 1578 the seat of the Crown Tribunal for the province of Greater Poland. Milling and baking in Piotrkow have not been widely researched so far, and they deserve attention as two trades vital for the everyday life of the town’s inhabitants. The mill, an establishment where grain and malt were ground, provided the urban community with basic products necessary for making bread and beer. The article investigates the functioning of mills in Piotrkow in the 16th–18th c., and the issue of bread production, on the basis of tax records, guild and Church records, and lease contracts. First, the discussion focuses on the beginnings of local milling, the number, categorization and functioning of mills. Then, matters connected with lease are explored, in particular the conditions of lease contracts, the duties and privileges of millers, the rotation of leaseholders, and the crucial role of women in the running of mills. The second part of the articles is devoted to the baking trade, presenting its beginnings in Piotrkow evidenced in written sources, the organization of the trade in the 16th–18th c., the alleged foundation of the bakers’ guild in 1630, the figures of several prominent bakers and gingerbread-makers and the prices of bread.

Renting a Room in Fusṭāṭ: An Arabic Papyrus from the 3rd/9th Century

Edition of P.Cambr.UL Inv. Michael. B 327, which contains on recto a deed of lease of two thirds of a room that belongs to a large housing complex in Fusṭāṭ and on verso a letter related to the lease of a room. The two documents seem connected and may have been written by the same person. The article examines the way in which lease contracts were concluded and shows that there were intermediaries at Fustat who would put tenants and landlords in contact with each other.

Pribavljanje sredstava na osnovu lizinga u Republici Srpskoj

This paper is dedicated to leasing operations in the Republic of Srpska, which are regulated by law. Leasing is a legal transaction where the lessor transfers the right to hold and use the leased object to the lessee for a certain period, with his obligation to pay the agreed leasing fee and with the right to return the leased object to the lessor, buy it or extend the lease agreement. This way of financing is mostly used by newly established, small and medium enterprises, which do not already have the amount of funds needed to obtain investment goods. By concluding a leasing contract, the lessee does not acquire the right of ownership over the object of leasing, but acquires economic benefits from the use of the object of leasing. The lease agreement usually coincides in time with the useful life of the assets, i.e. the period of depreciation calculation. The practice is that the same contract allows the lessee to repurchase the leased asset at a symbolic price.

Land lease contract. Dynamic of invalidity

The article is devoted to the issues of invalidity of land lease contracts. The author points out that the problem is important and significant both for the theory and practice. Cases on land lease contract validity contain significant part of disputes in Ukrainian business and civil courts, that demonstrates topicality of the problem and demand to the ideas, conception and solution. Author proposes considers the problem of invalidity in dynamic, in accordance to the sequences of legal facts and conditions that are related to invalidity of contracts, proposes his own phases of invalidity (preceding or preparation; committing contract; executing contract; contestation of validity of the contract; legal consideration and application of effects of invalidity) as well as corresponding stages of invalidity of the contracts. In this view, the article contains analysis of legislation and it’s specific in aspect that is related to the issues of invalidity of land lease contract. The author made analysis of literature proposes changes to legislation on invalidity of land lease contract. The author points out that form of the land lease contract is not conditioned by registration of rights and contract itself, meanwhile, parties agreed another conditions/ Among others, the author proposes consider land lease contract as real contract (not consensual), that committed at the moment of signing, proposes application of the principle of legitimate expectations to relations that are related to invalidity agreement and proposes changes to legislation.

Wybrane problemy kaucji w umowie leasingu lokalu

<p>This article covers an analysis of selected problems of the deposit in the leasing contract on the grounds for Article 6 of the Act of 21 June 2001 on the protection of occupants’ rights, the municipal housing stock and the amendment of the Civil Code. The initial research focuses on the notion and purpose of the deposit. The key issue is the consideration of the basis for the application of this legal act to the contract of leasing of a premises. The author assumed a thesis on its application, which may be supported both by the linguistic, systemic and teleological interpretation. The fundamental issue is also the determining of the legal nature of the deposit. The correct determination of this nature has significant legal consequences for the parties to a contract of leasing. This is a multi-faceted issue that should be dealt with on a case by case basis. The deposit is certainly a kind of collateral for claims of a tangible nature and its payment is a condition precedent to the conclusion of a leasing contract. The article also discusses the regulations on the object secured by the deposit and prohibitions on charging it. Due to the character (nature) of the leasing relationship, they are applicable to the premises leasing contract with significant modifications.</p>

A Proposed Local Accounting Base for Accounting for Lease Contracts.

A Proposed Local Accounting Base for Accounting for Lease Contracts.

Umowa dzierżawy obwodu łowieckiego. Wybrane zagadnienia

<p class="Standard">The game shooting district lease contract is one of the instruments for environmental protection. As part of leased hunting districts, hunting clubs are obliged to conduct hunting economy. The structure of the provisions regulating the institution of the lease of hunting districts causes that doctrine and jurisprudence still have not developed a uniform concept regarding its legal nature.</p>

THE PROBLEMS AND THE PROSPECTS OF THE FUNCTIONING OF AGRICULTURAL LAND MARKET IN UKRAINE

The investigation of the problems and the prospects of the functioning of agricultural land market in Ukraine are focused on. The order of land relationship in agriculture is investigated. The advantages and the disadvantages of moratorium on the purchase and the sale of agricultural lands are considered. The advantages and the disadvantages of the functioning of agricultural land market are presented. It is determined that disadvantages of moratorium on the purchase and the sale of agricultural lands are much greater than of advantages. The parameters of the functioning of agricultural land market in Ukraine are established. The solution of the problem of the decline of irrigated farming in the conditions of moratorium on the purchase and the sale of agricultural lands is given. It includes granting by state in lease to companies agricultural lands on maximum term and the conclusion of the new contract of lease with same firm also on maximum term after finish tentative the contract of lease. The foreign experience of the functioning of agricultural land market is analyzed. Ukraine is not prepared to introduction agricultural land market is established. It is related to the fact that value of land would increase as result of bidding. As result of the increasing of the value of land will increase the term of it payback. For the decreasing of the term of the payback of the lands of agricultural purpose producers will have necessity in the increasing of prices on products. They cannot rise prices through high the yields of agricultural crop. Therefore, agricultural enterprises will be increasing the term of the payback of lands that It will cause to greater of decreasing their profitability. The decreasing of profitability will cause to decreasing their own capital and they will get less financial possibility for producing in next period of activity. It will cause to the decreasing of agricultural manufacture. Practical recommendations regarding the formation of agricultural land market in Ukraine is given. It is includes the formation of agricultural land market in that case when agrarian firms will be getting sufficient profitability in order to cover the value of the land of agricultural purpose. It is determined that creation of agricultural land market should be carried out gradually for decreasing risks at presence greater opportunities of the doing of economic activity in agriculture. Keywords : land, market, agriculture, financial resources, moratorium, state.

The Legitimacy of the Contract of Hiring of Individuals in the Process of Technology Transfer and its Alignment with Islamic Ethics

Background and Aim: Technology transfer is a process used to benefit from the scientific experiences of countries in development. The purpose of this study was to investigate the legitimacy of the lease contract in the process of technology transfer from the perspective of Islamic ethics. Materials and Methods: This qualitative study was conducted using an analytical approach and using published texts, books and articles. After examining the legitimacy of the lease contract in the technology transfer process, its alignment with Islamic ethics was examined and analyzed. Findings: The contract of hiring of individuals enjoys legal and Jurisprudence validity and legitimacy in Iranian and Islamic law. Legally, in the process of technology transfer, companies and foreign countries are recognized by the technology owner and its transferee as contractors who in the process of transfer do not own any of the manufacturing sectors and receive only wages for their activities, services and consultants. Economically, these causes benefit from both the benefits of technology and the protection of its ownership. Conclusion: From the point of view of Islamic ethics, the lease agreement has considerable legitimacy for the technology transfer process, which demonstrates the compatibility of the law with Islamic jurisprudence and ethics; it can be a guarantee for the development of the country in the light of technology transfer. Please cite this article as: Shafee H, Vaziri M. The Legitimacy of the Contract of Hiring of Individuals in the Process of Technology Transfer and its Alignment with Islamic Ethics. Bioethics Journal 2019; 9(32): 61-72.

Resistance is futile : How corporate real estate companies can deploy artificial intelligence as a competitive advantage

Corporate real estate (CRE) typically adopts new technology at a slower pace than other industries. Those CRE service providers that are, however, able to effectively integrate and adopt artificial intelligence (AI) and AI techniques such as machine learning (ML) into pre-existing data structuring workflows will enable new customer analytics and standards for service that will elevate customer expectations. Specifically, AI will emerge as a competitive advantage for CRE service providers that are able to overcome two primary obstacles for effective integration and adoption: the fear of automation displacing human workers, and access to byzantine data stores across the CRE asset class. This paper presents best practices for surmounting those obstacles and analyses a test project that deployed machine learning artificial intelligence (ML-AI). Early results of this project show that AI enhances the productivity of data-structuring workflows, enabling customer analytics derived from legacy (paper-based) contracts within CRE by quickly converting these contracts into structured digital datasets. Furthermore, well-designed ML-AI solutions can make an immediate impact on top-line revenue growth by unlocking valuable information previously buried in legacy contracts for key clients. The project itself employed an ML-AI solution to abstract paper leases 39.2 per cent more quickly than an entirely human-driven process; however, the productivity gain alone is not the main reason why this specific application of ML-AI was chosen for the programme. Abstracting (ie structuring) the data contained in leases is critical to the digitisation of CRE as an asset class. Once digitised, further ML-AI applications can glean greater insights from the abstracted data, unleashing a deeper understanding of the value in the marketplace for CRE service providers. Most lease contracts are still recorded in paper or PDF and require a human abstract to become structured data. Consider the distinction between CRE and financial markets: CRE incumbents use the equivalent of physical stock certificates. Lease abstraction is therefore necessary to move from the current analogue system to a digital one that enables a high-speed, frictionless, data-driven marketplace.

The Financial Impacts of Coworking: Rental Prices and Market Dynamics in the Commercial Office Market

Coworking providers, like WeWork, have shifted the competitive landscape for office tenants through differentiating office amenities, leasing fully-equipped desks or offices over flexible time periods. However, even though coworking providers are a tenant type in consumer demand, little is known about the strategic interaction of this growing tenant with landlords in the real estate sector. In this paper, we assess landlord-coworking provider interaction through lease contract valuation, assessing if landlords see coworking providers as a substitute, benefit or risk, compared to other tenants. Using lease contracts from six US cities between 2008 to 2018, we compare rent conditions between coworking providers and tenants within the same building. We document that landlords treat coworking providers as substitutes not differentiating in effective rent compared to other tenants. Coworking providers take systematically longer lease durations, resulting in higher tenant incentives, such as free rent periods and tenant improvement concessions. Controlling for lease duration, coworking providers receive significantly more tenant concessions. We do not find value-increasing external effects of coworking providers, concluding that landlords are indifferent towards coworking tenants.

Hukm Ba'd al-Shurut al-Mustahdathah fi 'Aqd al-Ijarat al-Mu'asarah [Ruling on Some Newly-constituted Conditions of Contemporary Ijara (Leasing) Contract

This research studies a number of newly-constituted conditions of ijara (leasing) contract, which had not been jurisprudentially addressed and studied by the previous jurists, due to the recent emergence of the newly-constituted conditions and beyond the period of the previous Jurists. These conditions are referred to as newly-constituted conditions because the available jurisprudence sources and texts are devoid of detailed discussion on them. And some of these conditions could be found in the old contracts as well as in the new contracts of our era. Some observed issues in the newly-constituted conditions require close scrutiny of their harmonious extent and lack of violation of the existing shari‘ah texts. And in the view of the importance of having a verdict on the rulings surrounding these conditions, preventing them from deviating from the shari‘ah (legitimate) foundations, a number of contemporary application models have been selected and represented in the newly-constituted conditions. These are maintenance condition of the ijara and the lessor requirement that the lessee must maintain the leased property, thereby violating the ijara contract, which has been clearly stated, discussed and analyzed in the general shari‘ah provisions. The research employs analytical approach where the researcher analyses the shari‘ah texts related to the conditions, and compares the scholastic views therein. The research arrives at numerous results, the most prevalent of which are: if there is no forbidden defect in the conditions, such as ambiguity and lack of clear stipulation, there is no objection to the implementation of these conditions, for they are approved by the shari‘ah; if maintenance is of the type that depends on the fulfilment of benefit (profit), it should be borne by the owner of the leased property without reservation, and not the responsibility of the lessee. But if the maintenance does not rely on the fulfilment of benefit (profit), it may be mutually conditioned on either the lessor or the lessee if it is clearly stipulated and not ambiguous.
 
 تناول هذا البحث دراسة عدد من الشروط التي استجدّت في عقد الإجارة التي لم يسبق للفقهاء الأقدمين أن تناولوها بالدراسة والتحقيق في مدوناتهم الفقهية، لتأخّر نشأتها وظهورها عن زمانهم. سميت هذه الشروط شروطاً مستحدثة لأن المدونات الفقهية المتوافرة خلت من الحديث عنها بصورة مفصّلة، وقد ترد بعض هذه الشروط في العقود القديمة كما ترد في العقود المستجدة في هذا العصر. قد لوحظ بعض الإشكاليات في هذه الشروط مما يقتضي الفحص في مدى انسجامها وعدم مخالفتها للنصوص الشرعية، ونظراً لأهمية تحرير القول في الأحكام التي تضبط هذه الشروط وتعصمها من الخروج عن الأسس الشرعية، قد تمّ اختيار عدد من نماذج تطبيقية معاصرة، متمثلة في الشروط المستحدثة وهي شرط الصيانة في إجارة الأعمال واشتراط المؤجّر على المستأجر صيانة العين المؤجّرة التي ترد على عقد الإجارة حيث تمّ عرضها ومناقشتها وتحليلها في ضوء القواعد العامة للشريعة. وقد سلك البحث المنهج التحليلي حيث حاول الباحث تحليل نصوص شرعية حول الشروط والمقارنة بين آراء الفقهاء في الموضوع. وقد أظهر البحث نتائج عديدة من أهمّها: أنه إذا لم يكن في الشروط خلل ممنوع شرعاً من قبيل الجهالة والغرر ونحوه، فلا مانع من اشتراط هذه الشروط، فإنها شروط سائغة شرعاً، وأن الصيانة إذا كانت من النوع الذي يتوقف عليه استيفاء المنفعة فإنها تلزم مالك العين المؤجرة من غير شرط، ولا يجوز اشتراطها على المستأجر، أما الصيانة التي لا يتوقف عليها استيفاء المنفعة، فيجوز اشتراطها على أي من المؤجر أو المستأجر إذا عينت تعينا نافياً للجهالة.

Maintenance on leasing sales strategies for manufacturing/remanufacturing system with increasing failure rate and carbon emission

Several literature works have treated the quality question of the new and remanufactured products and its production cost and if the all returned-used products are remanufacturable. In this context, this study treated the case of returned-used products in the lease contract with/without maintenance monitoring option and its influence on the production and maintenance strategies for a manufacturing/remanufacturing system. A new integrated maintenance to production strategy studies the influence of the new and returned-used products according to its quality on the production cost and the degradation level of the manufacturing and remanufacturing units. Firstly, the objective of this study is to determine the economical production plan of manufacturing and remanufacturing units to satisfy the random demands under a given service level and during a finite horizon. Secondly, by considering the influence of the degradation on the failure and emission rates, we determine the optimal preventive maintenance strategy for each production unit, which minimise the total cost of production, maintenance and carbon emission. Numerical results are provided to show the efficiency of the proposed strategies by studying the impact of different parameters of the proposed model.

Coping with Institutional and Financial Crises in the Sixteenth and Seventeenth Centuries: Ensuring the Survival of Ottoman Royal Waqfs

The Ottoman Empire had inherited the waqf (charitable foundation) as an institutionalized form of charity from the Near Eastern Islamic states, which had preceded it. Over time, new forms of charitable foundations emerged, while with the expansion of the Empire, waqfs grew in number and spread geographically. Donors created over fifty thousand charitable foundations, making them into the most widespread institution in Ottoman history. Some waqfs, the largest ones in particular, survived for many centuries. However, sometimes continued functioning was under severe threat, due to wars, epidemics, natural disasters, and rebellions. To overcome financial straits, the waqfs resorted to a variety of measures. Occasionally, a royal waqf in difficulty received assistance from other foundations established by sultans and/or their relatives. Administrators reduced current expenditures, sometimes even suspending salaries and charitable services. Moreover, through long-term lease contracts involving substantial down payments by the lessees, waqf administrators often raised the money needed to restore damaged properties. In the present paper, we study Ottoman royal waqfs when exposed to adversities and financial hardships. As administrators reacted with considerable flexibility, the claim that the waqfs were rigid institutions is in obvious need of revision.

임대차계약 종료 후 임차인의 목적물 계속점유와 실질적 이득 - 대법원 2018. 11. 29. 선고 2018다240424(본소), 240431(반소) 판결 -

대상판결은, 임대차계약 종료 후 임차인이 임차건물 부분을 계속 점유하기는 하였으나 이를 본래의 임대차계약상 목적에 따라 사용·수익하지 아니하여 실질적 이득을 얻은 바 없는 경우 임차인의 부당이득반환의무는 성립하지 않고, 임차인이 자신의 시설물을 반출하지 않은 경우에도 마찬가지로 부당이득반환의무가 성립하지 않는다고 보았다. 필자는 대상판결의 결론자체에는 찬성한다. 그러나 대상판결이 언급한 실질적 이득론은 아래와 같이 재구성되는 것이 타당하다.<BR> 임대차종료 후 임차인은 임차목적물을 임대인에게 반환할 의무가 있다. 목적물을 반환하지 않고 있는 임차인은 그 목적물을 사용·수익하지 않고 단순 점유하는 경우에도 임대인에 대하여 부당이득반환의무를 부담한다. 임대인은 임대차계약에 따라 임차인에게 사용·수익 가능성을 급부한 것이므로, 임대차계약이 종료하면 임차인은 사용·수익 가능성을 급부부당이득으로 반환함이 원칙이다.<BR> 그러나 위와 같은 원칙명제는 제한될 수 있다. 임차인의 목적물반환의무와 임대인의 보증금지급의무 사이에 동시이행관계가 존재하기 때문이다. 동시이행항변권이 존재하는 경우에도 임차인이 항상 사용·수익 가능성을 급부부당이득으로 반환해야 한다면, 임차인에게 일방적으로 불리하다는 점에서 불공평하고, 임차목적물이 신속하게 다른 사람에 의해 활용되지 못할 수 있다는 점에서 비효율적이다. 다만 동시이행항변권의 존재는 실질적 이득론을 적용하기 위한 필요조건이지 충분조건은 아니다. 임차인이 목적물을 단순 점유하거나 소극적·부수적으로 사용·수익하는 것이 보증금을 반환받기 위한 방편이라고 객관적으로 평가할 수 있는 경우에 비로소, 임차인은 임대인에 대하여 부당이득반환의무를 부담하지 않는다고 보아야 한다. 그렇지 않은 경우에는 원칙명제로 돌아가 임차인은 –설령 목적물을 실질적으로 사용·수익하지 않더라도 - 부당이득반환의무를 부담해야 한다.