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The judgment of the first instance court is modified as follows. A.
The defendant from 10 million won to 10 million won to the plaintiff on July 5, 2020.
Reasons
1. Determination on the cause of the claim
A. The fact that the Plaintiff, on January 5, 2017, leased the instant store to the Defendant by setting the deposit of KRW 10 million, monthly rent of KRW 1.1 million, lease period from January 5, 2017 to January 5, 2019 (hereinafter “instant lease contract”); and the fact that the Defendant paid the monthly rent or the amount equivalent thereto by July 4, 2020 while engaging in lottery sale and food store business at the instant store, can be acknowledged by comprehensively taking account of the overall purport of the pleadings in each entry in the evidence No. 1 through No. 3.
B. According to the above facts of recognition, the instant lease contract expired on January 5, 2019, and thus, barring any special circumstance, the Defendant is obligated to deliver the instant store to the Plaintiff, and pay to the Plaintiff unjust enrichment equivalent to the monthly rent calculated by the ratio of 1.1 million won per month from July 5, 2020 to the completion date of delivery of the said store.
2. Judgment on the defendant's assertion
A. The defendant's assertion on the renewal of the contract of this case was renewed upon his request. Thus, the defendant's claim that this case's lease contract of this case is not obligated to deliver the store of this case. Thus, in the main text of Article 10 (1) of the Commercial Building Lease Protection Act, the tenant shall not refuse the contract without justifiable grounds where the tenant requests the renewal of the contract between six months and one month before the expiration of the lease term. According to each of the statements in subparagraphs 1 through 4 above, it is recognized that the defendant demanded the plaintiff to renew the lease of this case.
On the other hand, however, Article 10 (1) of the same Act is likely to cause accidents, such as aging, damage, or partial destruction of a building, and the removal of all or part of the building for the purpose of safety.