1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the part against the plaintiff (Counterclaim defendant) who ordered payment below.

In the first instance court, the plaintiff filed a claim for damages due to interference with the collection of premiums in the principal lawsuit. The defendant filed a claim for delivery of a building due to the expiration of the lease term and the return of unjust enrichment due to illegal occupation. The court of first instance dismissed all of the plaintiff's claims on the principal lawsuit and accepted part of the defendant's counterclaims.

In this regard, only the plaintiff appealed against the plaintiff among the main claim of the judgment of the court of first instance. Thus, the scope of the judgment of this court is limited to the plaintiff's main claim.

Basic Facts

On February 14, 2015, the Defendant purchased real estate listed in the separate sheet (hereinafter “instant building”) from C and completed the registration of ownership transfer on March 31, 2015.

From around 207, the Plaintiff leased the above building from C, which is the former owner of the instant building, to run a car page business in the name of “I” in the said building. From August 9, 2014 to August 9, 2016, the Plaintiff concluded a lease agreement with the Defendant who succeeded to the lessor’s status from C on March 31, 2015 to August 9, 2016, the lease agreement was concluded between C and the said building from August 10, 2014 to August 9, 2016, and KRW 1,800,000 for monthly rent (Evidence 1-1). The lease agreement was concluded between C and the Defendant who succeeded to the lessor’s status from March 31, 2015 to August 9, 2016 to KRW 50,000,000 for deposit money, KRW 180,000 for monthly rent.

(A) A evidence 1-2) A around May 17, 2016, the Defendant notified the Plaintiff of the purport that “the delivery of the instant building by the expiration date of the contract term of the instant lease” (Evidence 2). On May 27, 2016, the Plaintiff paid the instant premium to the Defendant around May 27, 2016, and concluded a right transfer contract with the Plaintiff by finding a new lessee for the collection of the premium.”

(No. 3-1) The defendant.