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1. The defendant
A. At the same time, the Plaintiff received KRW 50,000,000 from the Plaintiff and at the same time the buildings listed in the attached Table.
Reasons
1. Basic facts
가. 피고는 2012. 8. 1. C로부터 별지 목록 기재 건물의 지상1층 중 별지 도면 표시 ①, ②, ③, ④, ①의 각 점을 차례로 연결한 선내 ‘㈎’ 부분 73㎡(이하 ‘이 사건 건물’이라 한다)를 보증금 5,000만 원, 차임 월 210만 원, 기간 2013. 7. 31.까지로 정하여 임차(이하 ‘이 사건 임대차계약’이라 한다)하였고, 현재까지 이 사건 건물에서 ‘D’이라는 상호로 식당영업을 하고 있다.
B. On September 26, 2012, the Plaintiff acquired the ownership of the instant building and agreed with the Defendant to succeed to the lessor status of the instant lease agreement, and thereafter, the instant lease agreement was renewed once, and the period extended until July 31, 2014.
[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 3 evidence, purport of the whole pleadings
2. According to the facts of the judgment on the cause of the claim, barring any special circumstance, the instant lease contract was terminated upon the expiration of the period on July 31, 2014, and thus, the Defendant is obligated to return the instant building from the Plaintiff to the Plaintiff at the same time returning the deposit amount of KRW 50 million from the Plaintiff, as the Plaintiff seeks, and deliver the instant building to the Plaintiff, and return the unjust enrichment equivalent to the rent of KRW 210,000 per month from March 1, 2015 to the completion date of the delivery sought by the Plaintiff.
3. Judgment on the defendant's assertion
A. The Defendant asserted the renewal of the lease agreement: (a) pursuant to the Commercial Building Lease Protection Act, the Defendant shall notify the Defendant of his refusal to renew the lease agreement from six months to one month before the termination of the lease agreement; (b) the Plaintiff sent a peremptory notice following the termination of the instant lease agreement to the Defendant on August 14, 2014; (c) thus, the instant lease agreement was implicitly renewed and extended until July 31, 2015.
Article 2 of the former Commercial Building Lease Protection Act (amended by Act No. 12042, Aug. 13, 2013) and the Gu.