건물 명도 및 손해배상 청구의 소
1. Of the instant lawsuit, the part regarding the claim for return of unjust enrichment against Defendant B from June 15, 2017 is dismissed.
2. Defendant.
1. Facts of recognition;
A. As of June 5, 2014, Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) with D, the owner of the instant real estate listed in the separate sheet (hereinafter “instant real estate”), to lease the instant real estate from November 20, 2014 to November 19, 2016, with a lease deposit of KRW 30,000,000, monthly rent of KRW 1,200,000 (payment on June 20, 201), and received the instant real estate on or around November 20, 2014. From that time, Defendant B, the buyer of Defendant B, or Defendant C, operates an ian private teaching institute in the instant real estate.
B. On March 15, 2016, the Plaintiff entered into a sales contract with D and the instant real estate purchase price of KRW 600,000,000, and completed the registration of ownership transfer on April 19, 2016 with respect to the instant real estate.
C. On August 25, 2016, before the expiration of the instant lease agreement, the Plaintiff notified Defendant B to the effect that “the instant lease agreement is not renewed,” and the said notification reached Defendant B on the following day.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 5, and 6, the purport of the whole pleadings
2. Determination as to the request for extradition and eviction
A. The Defendants asserted that the instant lease agreement was implicitly renewed until November 19, 2018. However, according to the aforementioned facts, it is reasonable to view that the instant lease agreement was terminated upon the expiration of the period of November 19, 2016 by the Plaintiff, who succeeded to the lessor status, by declaring his/her refusal to renew the lease agreement to Defendant B. Thus, Defendant B is obligated to deliver the instant real estate to the Plaintiff, and Defendant C is obligated to withdraw from the instant real estate, barring special circumstances.
B. Defendant B cannot respond to the Plaintiff’s request for extradition until the Plaintiff was returned the lease deposit. As to Defendant B’s simultaneous performance defense, etc.