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1. The defendant shall be the plaintiff.
(a) order the real estate listed in the separate sheet;
B. KRW 10,000,000 and this shall be applicable thereto.
Reasons
1. Basic facts
A. C owned the real estate listed in the separate sheet (hereinafter “instant real estate”). On February 25, 2007, on the following grounds: (a) on February 25, 2007, C concluded a lease agreement between the Defendant and the instant real estate, with the lease deposit amount of KRW 50 million, monthly rent of KRW 200,000, and the lease term from February 25, 2007 to February 24, 201.
(hereinafter “instant contract”). (b)
The instant contract was extended three times by implied renewal, and the expiration date of which was February 24, 2017. C died on March 8, 2016, and the Plaintiff completed the registration of ownership transfer on the instant real estate on May 17, 2016, based on inheritance by consultation and division as of March 8, 2016.
C. On December 2, 2016, the Plaintiff notified the Defendant of the refusal to renew the instant contract that no longer the Plaintiff had an intention to renew the contract, and on December 6, 2016, the said notification was sent to the Defendant.
The defendant is the husband of the deceased C's female living together with D, and the defendant is living in the real estate of this case until now.
[Evidence] Facts without dispute, entry in Gap evidence 1 through 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination
A. The Plaintiff’s assertion was rejected by the Defendant for more than two months, and the Plaintiff expressed his/her intent to terminate the instant contract on December 2, 2016, on the grounds of the Defendant’s delay of rent.
Therefore, the Defendant is obligated to order the Plaintiff to pay the instant real estate, pay the overdue rent of KRW 10,000,000 and the delay damages therefor, and return the unjust enrichment equivalent to the rent of KRW 200,000 per month from February 25, 2017 to the completion date of delivery of the instant real estate.
B. Determination 1: (a) the part claiming for the instant contract was implicitly renewed, and its expiry date was February 24, 2017; and (b) the Plaintiff, who succeeded to the lessor’s status of the instant contract, did not intend to renew the instant contract to the Defendant on or before December 2, 2016.