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1. The defendant
(a) Of the land listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 3, 4, 5, 6, 7, 8, 9, and 1.
Reasons
1. The facts following the facts of recognition do not conflict between the parties, or can be acknowledged in full view of Gap evidence No. 1, Gap evidence No. 2, Gap evidence No. 3, and Gap evidence No. 7 and the purport of all the arguments.
On July 30, 1971, the Plaintiff completed the registration of ownership transfer with respect to the land in the annexed sheet (hereinafter “instant land”).
나. 피고는 별지 기재 토지 중 별지 도면 표시 1, 2, 3, 4, 5, 6, 7, 8, 9, 1의 각 점을 순차로 연결한 선내 ⓐ, ⓑ, ⓒ, ⓓ, ⓔ, ⓕ, ⓖ, ⓗ 부분에 건물(이하 ‘이 사건 각 건물’이라고 한다)을 소유하고 있다.
C. Around the end of 2005, the Plaintiff and the Defendant leased the instant land to the Defendant without fixing the period. The Defendant agreed to pay the Plaintiff KRW 1,000,000 per annum from August to September each year (hereinafter “instant lease”). The Defendant paid the Plaintiff KRW 13,00,000 on August 13, 201, KRW 1,000 on August 19, 201, KRW 1,000 on August 22, 2014, KRW 1,000,000 on August 22, 2014, and KRW 1,000,000 on September 9, 2015, respectively.
2. Determination on the cause of the claim
A. In the absence of an agreement on the term of lease to determine on the claim for removal, the parties may notify at any time the termination of the contract, and if the lessor notifies the termination of the lease of the land, the termination becomes effective after six months have passed. Since the fact that the copy of the complaint containing the Plaintiff’s expression of intent to terminate the lease of this case reaches the Defendant on March 23, 2017 is apparent in the record, the lease of this case was lawfully terminated on September 23, 2017 when six months have elapsed thereafter.
Therefore, the Defendant is obligated to remove each of the instant buildings to the Plaintiff and deliver the instant land to the Plaintiff.
B. The fact that the instant lease agreement claiming KRW 1,00,000,000 in the amount of rent or unjust enrichment equivalent to the rent is determined as KRW 1,00,000 per annum, as seen earlier. Therefore, the Defendant is the Plaintiff.