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1. The Plaintiff:
A. Defendant B received KRW 10,000,000 from the Plaintiff at the same time as the original state of Gangwon-do.
Reasons
1. Basic facts
A. On August 13, 2010, the Plaintiff: (a) leased the instant land and building owned by the Plaintiff to Defendant B from August 13, 2010 to August 13, 2013; (b) the lease deposit amount of KRW 10,000,000; and (c) the rent of KRW 1,000,000 per month (the rent shall be increased by KRW 100,000 after two years); (c) around that time, the Plaintiff received the said lease deposit from Defendant B; and (d) handed over the said building to Defendant B.
B. On December 23, 2014, the Plaintiff terminated the lease agreement with Defendant B, and sent content-certified mail including the declaration of intention to deliver the instant building by February 25, 2015.
C. The Defendants occupied the entire land of this case by using the part other than the instant building site as a factory or industrial site, etc., and Defendant B installed the instant roof without the Plaintiff’s consent after the conclusion of the instant lease agreement.
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 4, and the result of appraiser E's survey and appraisal, the fact inquiry results on the principal branch of the Gangwon District Headquarters of the Korea Land Information Corporation, the purport of the entire pleadings
2. Determination
A. According to the facts of the determination as to the cause of the claim, it is reasonable to view that the content certification of December 23, 2014, which included the Plaintiff’s intention of termination, on the instant land and building lease agreement in an implied renewal status, reached Defendant B around the end of December, 2014, and thus, the instant lease agreement was lawfully terminated and terminated on June 2015, which was six months after the lapse of the said period.
Therefore, Defendant B is obligated to remove the roof of this case from the original state following the termination of the lease agreement and deliver the building of this case to the Plaintiff, and Defendant C is obligated to withdraw from the land and building of this case upon the Plaintiff’s request by the Plaintiff who exercises the right to claim removal of disturbance based on ownership.
B. Determination 1 on the Defendants’ defenses, etc. is made by Defendant B.