건물인도청구권 및 임대료 청구의 소
1. The defendant shall be the plaintiff.
(a) Of the real property listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 3, 4, and 1.
1. Facts of recognition;
A. On August 20, 2007, the Defendant concluded a lease agreement (hereinafter “the lease of this case”) with Nonparty D, the owner of the real estate listed in the separate sheet (hereinafter “the instant building”), setting the lease deposit amount of KRW 5,000,000, monthly rent of KRW 500,000, and the lease term of KRW 20,000, from August 20, 2007 to August 20, 2010.
B. The Defendant currently occupies and uses the instant building according to the renewal of the lease of this case.
C. On August 21, 2017, the Plaintiff acquired the ownership of the instant building.
On May 10, 2018, the Plaintiff sent to the Defendant a certificate of content indicating the purport of the refusal to renew the lease of this case, and the said certificate reaches the Defendant around that time.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 3 through 5, purport of the whole pleadings
2. Determination:
A. According to the above findings of the determination on the cause of the claim, the lease of this case terminated on August 20, 2018, and thus, the Defendant is obligated to deliver the building of this case to the Plaintiff.
In addition, the defendant gains a profit equivalent to the profits from the possession of the building of this case and thereby causes damages equivalent to the amount equivalent to the plaintiff. Since the amount of profit from the possession and use of ordinary real estate is equivalent to the rent of such real estate, the defendant is obligated to pay to the plaintiff rent and unjust enrichment calculated at the rate of KRW 500,000 per month from July 30, 2018 to the completion date of delivery of the building.
B. As to the Defendant’s assertion 1), the Defendant asserted to the effect that the instant lease was implicitly renewed and not terminated, and that the Plaintiff paid all the rent, etc. to the Plaintiff. (2) However, the Plaintiff notified the Defendant of the refusal to renew the lease during the period from six months to one month before the expiration of the instant lease term. Therefore, the instant lease was renewed.