건물명도 등 청구의 소
All of the plaintiffs' claims are dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
1. Basic facts
A. On September 26, 2017, the Plaintiffs entered into a lease contract with the Defendant for a lease deposit of KRW 10 million, monthly rent of KRW 80,000,000,000 for the lease deposit, and from October 31, 2017 to October 30, 2019 (hereinafter “instant lease contract”). At that time, the Plaintiffs delivered the instant lease contract to the Defendant around that time.
B. On August 6, 2019, the Defendant expressed his/her intent to renew the instant lease agreement against the Plaintiffs, and on September 25, 2019, the Plaintiffs notified the Defendant of the refusal to renew the instant lease agreement on the ground that: (a) the instant lease agreement is likely to cause safety accidents, such as partial loss of leased objects; (b) the instant lease agreement falls under the case where there is a serious reason for making it difficult to continue the lease.
C. The defendant currently occupies the defense room of this case and uses and benefits therefrom.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 12 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination as to the cause of action
A. Since the Plaintiffs’ assertion that the instant lease agreement was terminated upon the expiration of the term of validity, and there were grounds for refusing the request for renewal of the contract under the Commercial Building Lease Protection Act (hereinafter “Act”), the Defendant is obligated to deliver the instant house to the Plaintiffs and return unjust enrichment equivalent to the rent from the day following the termination of the instant lease agreement to the day of the completion of delivery of the instant house.
1. Where there is a risk of safety accidents, such as aging, damage, or partial destruction of the building, such as water leakage in the instant building, etc., the Plaintiff occupies the instant heading room in order to remove or reconstruct all or most of the instant building, as prescribed by Article 10(1)7 (a) of the Act.