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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 1, 201, C entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant who is engaged in the business of manufacturing electronic parts, etc., setting the lease deposit amount of KRW 12 million, KRW 12 million per month, and KRW 1.2 million per month, and the term of the lease from November 1, 2011 to October 31, 2013, with respect to the instant building (hereinafter “instant lease agreement”), and provided that the instant lease agreement shall be deemed to have been extended on the same condition if one party expressed in writing to the other party two months prior to the expiration of the term of the lease due to a special agreement.
B. On July 24, 2013, the Plaintiff purchased real estate listed in the separate sheet from C, and completed the registration of ownership transfer on October 10, 2013 in the name of the Plaintiff.
C. On September 17, 2015, the Plaintiff sent to the Defendant by content-certified mail a document stating that “Around May 29, 2015, the Plaintiff notified the Defendant of the termination of the instant lease agreement, and requested the Defendant to deliver the instant building portion in line with the termination of the contract period, and that the said lease agreement would be terminated on October 2015.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings
2. The gist of the Plaintiff’s assertion was terminated on October 31, 2015 by the expiration of the contract term, and thus, the Defendant is obligated to deliver the instant building portion to the Plaintiff, and return the amount of unjust enrichment equivalent to the rent calculated by the ratio of KRW 1320,000 per month from November 1, 2015 to the completion date of delivery of the said building portion.
3. According to the above facts, the Defendant is obligated to deliver the instant building portion to the Plaintiff on the ground that the instant lease agreement was terminated on October 31, 2015, and return the amount of unjust enrichment equivalent to the rent from November 1, 2015 to the completion date of delivery of the said building portion, barring special circumstances.