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1. The defendant shall be the plaintiff.
(a) Of the first floor of the building listed in the separate sheet, each of the specifications indicated in the annexed sheet 8, 9, 10, 11, 12, and 8.
Reasons
1. Facts of recognition;
A. On November 29, 2008, the Plaintiff leased the lease deposit amount of KRW 3,000,000, monthly rent of KRW 380,000 ( KRW 400,00,00,00) to the Defendant, in sequenceing each point of the attached Form Nos. 8,9,10,11, 12, and 8 among the first floor of the building listed in the attached Table Nos. 40. 8, 10,000 (hereinafter “the instant building part”).
B. The Plaintiff and the Defendant have renewed the above lease contract, and around February 2015, the term of the lease was set up until February 28, 2016 when the above lease was renewed.
C. On December 16, 2015, the Plaintiff notified the Defendant of the refusal to renew the above lease agreement.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 5, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, since the lease contract on the instant building portion concluded between the Plaintiff and the Defendant was terminated on February 28, 2016, the Defendant is obligated to deliver the instant building portion to the Plaintiff and pay the Plaintiff the amount of unjust enrichment equivalent to the rent calculated by the ratio of KRW 400,000 per month from February 29, 2016 to the completion date of delivery of the instant building portion.
B. The Defendant alleged to the effect that the Defendant paid the Plaintiff a reasonable amount of unjust enrichment even during the instant lawsuit is pending, and thus, it does not conflict between the parties that the Defendant paid the Plaintiff a reasonable amount of unjust enrichment until May 28, 2016. Therefore, the Defendant’s assertion is with merit.
C. Therefore, the Defendant is obligated to deliver the instant building portion to the Plaintiff, and to pay unjust enrichment equivalent to the rent calculated by the ratio of KRW 400,000 per month from May 29, 2016 to the completion date of delivery of the instant building portion.
3. In conclusion, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.