건물인도
1. The defendant delivers to the plaintiff the real estate stated in the attached list, and pays KRW 3,00,000 to the plaintiff.
2. The plaintiff.
1. Basic facts
A. On May 19, 2013, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff to lease the real estate listed in the attached list (hereinafter “instant building”) to the Defendant by setting the lease deposit amount of KRW 5,000,000, monthly rent of KRW 2,000,000 (the terms of payment after May 18, 201), and the term of lease as of May 18, 2014, and delivered the instant building to the Defendant. After entering into the said lease agreement, the Defendant paid the lease deposit to the Plaintiff and operated the restaurant business in the instant building.
B. On March 10, 2014, the Plaintiff sent to the Defendant a certificate to the effect that “the above lease agreement is terminated upon the expiration of the period on May 18, 2014,” but the Defendant sent a certificate to the Plaintiff on March 12, 2014, stating that “the renewal of the above lease agreement is required.”
C. From January 19, 2015, the Plaintiff expressed his/her intent to not pay monthly rent to the Plaintiff on several occasions that the Defendant would not renew the above lease. The Defendant, around June 2015, kept the locks of the instant building and did not run the restaurant business in the instant building from that time.
【Fact-finding without any dispute over the ground for recognition】The evidence of No. 1 through 4, Eul evidence of No. 1, Eul evidence of No. 2, Eul evidence of No. 4, Eul evidence of No. 6, Eul evidence of No. 7 and the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts, the above lease contract between the Plaintiff and the Defendant was renewed on May 18, 2014 under the same conditions as the previous contract was terminated on May 18, 2015. Thus, the Defendant is obligated to deliver the instant building to the Plaintiff, barring special circumstances.
B. The Plaintiff’s portion of the claim for return of unjust enrichment equivalent to the rent and the rent is the instant building from January 19, 2015 to August 18, 2015, totaling KRW 14,000,000, and from August 19, 2015, including the overdue rent, for seven months from January 19, 2015 to the Plaintiff.