On September 22, 2013, the Defendant entered into a lease agreement with the deceased D (hereinafter “the deceased”) with the terms that each of the instant real estate is leased at KRW 20,00,000, KRW 1,000 per month of rent, KRW 1,00,000 per year of lease term, and KRW 2 years of lease term (hereinafter “the instant lease agreement”). The Defendant is running the business of maintaining cars and maintaining cars and conducting the Vice General from each of the instant real estate up to now.

The Deceased died on April 27, 2015 under the above lease agreement. At the time of death, the Deceased was the heir of the Deceased, and the Plaintiff and the designated parties were their children, and thereafter, the instant building was owned by the Appointed alone, and the instant land was owned by the Plaintiff and the designated parties as co-owners.

On August 21, 2015, the Plaintiff and the designated parties notified the Defendant of the termination upon the expiration of the term of the instant lease, but the term of the instant lease was renewed until September 22, 2018 upon the Defendant’s request for renewal under the Commercial Building Lease Protection Act.

Since March 15, 2018 and May 14, 2018, the Plaintiff and the designated parties notified the Defendant of the termination of the lease agreement upon the expiration of the lease agreement term.

On the other hand, the Appointor C received the claim for return of unjust enrichment on each of the instant real estate from the Plaintiff, Appointor E, and F, and notified the Defendant of the assignment of the said claim.

[Grounds for recognition] Fact-finding, Gap's evidence Nos. 1-12 (including a provisional number), and the above fact-finding on the ground of claim for the purport of the entire pleadings, the lease contract of this case was terminated as of September 22, 2018, and the defendant occupies and uses the building of this case for the purpose of automobile repair and third deputy business as before the closing date of argument after the termination of the lease contract of this case.

Therefore, the defendant delivers the building of this case to the designated parties C, delivers the land of this case to the plaintiff and the designated parties, and this is from September 23, 2018, which is the day following the expiration date of the above contract.