건물명도 등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff owns the building indicated in the attached list (hereinafter “instant building”).
B. On October 30, 2013, the Plaintiff: (a) leased to the Defendant the part (a) part (a) of the ship connected in sequence with each point of (i), (ii), (iii), (iv), and (i) of the instant building, with the lease deposit of KRW 15 million; (b) the lease deposit of KRW 15 million; and (c) October 30, 2015, with the lease term of KRW 221.37 square meters (hereinafter “instant store”).
(hereinafter “instant lease agreement”). C.
On September 21, 2015, the Plaintiff notified the Defendant of his/her no intent to renew the contract after the expiration date of the instant lease agreement, but the said notification was returned to the Plaintiff.
On October 7, 2015, the Plaintiff again notified the Defendant of his/her intention to refuse renewal, and the notification was served on the Defendant around that time.
[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1, 4, and 5 (including attachment of provisional number), the purport of the whole pleadings
2. Determination
A. The plaintiff's assertion 1) At the time of entering into the instant lease agreement, the defendant is the next shop of the same heading room (hereinafter "the next shop of this case") at the time of entering into the instant lease agreement.
However, if a new lessee enters the store above, it was agreed to pay the plaintiff a difference equivalent to the management expenses of the store next thereto.
On February 20, 2014, C, a new lessee, started business on February 20, 2014, and the Defendant paid the Plaintiff the monthly rent of KRW 700,000 from March 2014 to November 2015, the Defendant paid only KRW 300,000 per month from February 2015 to November 2015.
Inasmuch as the instant lease contract has expired, the Defendant delivered the instant store to the Plaintiff, and calculated the amount of KRW 1.7 million, such as the unpaid rent from March 2014 to November 2015, and the amount of unjust enrichment calculated by the ratio of KRW 700,000 per month from the date the store is delivered to the date the store is delivered.