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1. The part against the defendant regarding the claim for return of unjust enrichment in the judgment of the court of first instance shall be revoked, and the revoked part shall be revoked.
Reasons
1. The court's explanation on this part of the facts of recognition is the same as the part on the "1. Basic Facts" of the judgment of the court of first instance. Thus, this part is cited in accordance with Article 420 of the Civil Procedure Act.
2. A 'not more than the building indicated in the attached Form' is the store of this case;
determination as to the request for extradition
A. According to the facts and evidence of the determination as to the cause of the claim, the term of the final renewal of the instant sub-lease contract from September 1, 2015 to August 31, 2016, and the Plaintiff notified the Defendant of the rejection of renewal on or around June 24, 2016, the instant sub-lease contract was terminated on September 1, 2016.
Therefore, the former lessee is obligated to deliver the instant store to the former lessee.
B. The judgment on the defense was made, since the Plaintiff did not have been notified of the rejection of renewal at least three months prior to the expiration date of the instant sub-lease contract, the instant sub-lease contract was explicitly renewed from September 1, 2016 (paragraph 1) and the Plaintiff lost the right of the sub-lease due to the termination of the lease contract between the Plaintiff and the Triopopopopopopopic on October 31, 2015, while the Defendant was allowed to use the instant store from Topopopic date to December 31, 2017, and thus, the Defendant did not have any obligation to deliver the instant store to the Plaintiff (paragraph 2).
1) A lessee’s right to request renewal of a contract under the Commercial Building Lease Protection Act may only be exercised within the extent that the whole term of lease, including the initial term of lease, does not exceed five years (Article 10(2)). If the lessor fails to notify the lessee of his/her refusal of renewal during the period from six months to one month before the expiration of the term of lease, the lessee shall be deemed to have renewed the lease under the same conditions as the former term of lease at the expiration of the term of lease (Article 10(4) of the same Act).