건물인도 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is the owner of the building indicated in the attached list (hereinafter “instant building”), and the Defendant is a person who operates a restaurant in the name of “C cafeteria” from among the instant building, with the indication of drawings (1), (2), (9), and (1) part (a) of the ship connected each point in sequence (hereinafter “instant store”) 40.36 square meters (hereinafter “C cafeteria”).
B. At the time of November 11, 2014, the Defendant concluded a lease agreement with D as between the owner of the instant building, with respect to the instant store: (a) monthly rent of KRW 1,100,000; (b) deposit of KRW 18,00,000; and (c) the period from December 6, 2014 to December 6, 2016; and (b) subsequently amended the lease agreement from July 6, 2015 to July 5, 2017 (hereinafter “instant lease agreement”).
C. Around September 12, 2016, the Plaintiff, as D, succeeded to the lessor’s status under the instant lease agreement after receiving the donation of the instant building from D and completing the registration of ownership transfer.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. The assertion and judgment
A. Since the Plaintiff’s assertion that the term of the instant lease agreement was expired and the Plaintiff clearly expressed its intent to refuse to renew the lease agreement, the Defendant shall deliver the instant store to the Plaintiff and pay the Plaintiff unjust enrichment or damages equivalent to the rent after the expiration of the term.
B. According to the reasoning of the judgment below, Gap evidence Nos. 3 through 7, and Eul evidence No. 4 (including each number), at least one month prior to the expiration of the term of the instant lease agreement, the plaintiff expressed his/her intent to refuse to renew the said lease agreement to the defendant at least one month prior to the expiration of the term of the instant lease agreement, and the defendant also requested the plaintiff to renew the said lease agreement under the pretext of recovering premium and facility investment expenses.
Meanwhile, according to Article 10(1) of the Commercial Building Lease Protection Act, a lessor of a commercial building is the lessor.