beta
Text
1.The judgment of the first instance, including a claim modified at the trial, shall be modified as follows:
The defendant.
Reasons
1. Facts of recognition;
A. On November 10, 2008, the Defendant entered into a lease contract with each real estate indicated in the separate sheet (hereinafter “each of the instant real estate”) with a deposit of KRW 30 million, KRW 1500,000 per month, KRW 1500,000 per month, and KRW 160,000 per month, and KRW 1.6 million per January 10, 2013, each lease contract was renewed by setting the lease term as of January 31, 2015, and thereafter the lease was explicitly renewed.
B. On March 9, 2015, the Plaintiffs purchased buildings located in Yongsan-gu Seoul Metropolitan Government J, including each of the instant real estate from D and E, and completed each registration of ownership transfer as to one half of the above buildings under the receipt No. 17204 on May 7, 2015 by the Yongsan-gu Seoul Western District Court Decision No. 17204.
C. On July 16, 2015, August 4, 2015, and November 2, 2015, the Plaintiffs notified the Defendant of the termination of the contract on the ground that the term of lease expires on January 31, 2016.
The defendant completes the registration number H with business registration number I and the registration number I, and completes the registration of establishment of the real estate brokerage office, and runs the real estate brokerage business in the name of "G Licensed Real Estate Agent Office" in each of the real estate in this case.
E. The Defendant paid only the rent for each of the instant real estate to the Plaintiffs until August 31, 2016, and did not pay the rent from September 1, 2016, while occupying and using each of the instant real estate until now.
【Reasons for Recognition】 1 through 5 (including each number), the purport of the entire pleadings
2. Determination as to a claim for the delivery of real estate and return of unjust enrichment equivalent to rent
A. (1) The decision on the claim for the delivery of real estate (1) has been renewed by the Defendant on January 10, 2013 to have continuously occupied and used each of the instant real estate without entering into a new contract, and the contract was implicitly renewed on January 31, 2015, which is the expiration date of the renewed lease on January 10, 2013, and the renewed lease.