건물명도 등
1.The judgment of the first instance shall be modified as follows:
The defendant is paid KRW 50 million from the plaintiffs.
1. Basic facts
A. On June 15, 2013, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with E and the attached list (hereinafter “instant building”), setting the rental deposit of KRW 50 million, monthly rent of KRW 1.9 million, from June 15, 2013 to June 14, 2018, and operated a coffee specialty in the instant building from around that time.
B. On August 14, 2013, the Plaintiffs acquired ownership after completing the registration of ownership transfer on the instant building on the ground of sale on June 16, 2013. The monthly rent finally agreed with the Defendant to increase the rent during the contract period is KRW 2.7 million (including value-added tax).
C. The Plaintiffs demanded the Defendant to conclude a lease contract by increasing the rental deposit and monthly rent at the time of the expiration of the contract term of this case. However, the Defendant did not comply therewith, and the Defendant continued to occupy the building of this case even after the lease contract term expires.
[Ground of recognition] Facts without dispute, entry and video (including branch numbers) of Gap evidence 1 to 4, the purport of the whole pleadings
2. Determination
A. According to the above facts, the instant lease agreement was terminated upon the expiration of June 14, 2018, and thus, barring any special circumstance, the Defendant is obliged to return deposit KRW 50 million from the Plaintiffs and deliver the instant building to the Plaintiffs, at the same time, barring any obligation to deliver the instant building to the Plaintiffs.
(B) The Defendant exercised the right of defense of simultaneous performance with respect to the security deposit in this court.
The summary of the Plaintiffs’ assertion, including the claim for return of unjust enrichment equivalent to rent, is that the Defendant continued to occupy the instant building even after June 14, 2018 when the instant lease contract was terminated and did not pay the monthly rent from January 1, 2019. Therefore, the Plaintiffs from January 1, 2019 to the instant building.