건물명도
1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.
The defendant is from the plaintiff 30,000.
1. Basic facts
A. On October 19, 2007, the Plaintiff entered into a lease contract with the term of lease from October 20, 2007 to October 19, 2009 with respect to the building indicated in B and attached Form (hereinafter “instant building”) with the term of lease of KRW 30 million and KRW 1.5 million per month, and around that time, B paid the Plaintiff the lease deposit of KRW 30 million, and the lease deposit of KRW 30 million from October 20, 201 to October 19, 201, which is after the above term of lease, concluded a lease contract with the same contents as above, and each of the above lease contracts has not been transferred to the lessee without the consent of the lessor, and if the lease contract is terminated, it must be returned to the original state and returned to the lessor.
B. On October 20, 2013, the Plaintiff entered into a lease agreement with the Defendant and the instant building from October 20, 2013 to October 19, 2015, including deposit money of KRW 30 million, and monthly rent of KRW 2 million. The said lease agreement contains the following:
Article 2. The lessor shall enter into an extension contract from October 20, 2013 to October 19, 2015, and the lease term shall be transferred to the lessee for 24 months from the date of delivery.
Article 5 If the lease contract term expires, the lessee shall restore the above real estate to its original state and deliver it to the lessor, and the lessor shall return the lease deposit to the lessee.
Special Agreement: A contract changed from B to C by change of lessee;
(c).
The plaintiff was above B.
At the time of the conclusion of the lease agreement, the Defendant received the lease deposit from the Defendant or did not refund the lease deposit to B.
The instant building was used as a restaurant with the trade name “D” from October 2007, and the Defendant completed business registration on May 9, 2014 as “trade name: D, name, location of business: the location of the instant building, and type of business: Food and Drug.”