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1. The defendant
(a) Of the first floor of the building listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 6, 5, 7, and 1.
Reasons
1. Facts of recognition;
A. On September 30, 2008, the Plaintiff, among the buildings listed in the attached list (hereinafter “instant building”), leased the leased deposit amount of KRW 7,00,000,000, monthly rent, KRW 70,000, and KRW 24 months for the lease term of the attached Form No. 2,3,4,5,6, and 2.
(hereinafter “instant lease agreement”). B.
The instant lease agreement was renewed and maintained, and the Defendant delayed the payment of rent after May 1, 2014, and the Plaintiff notified the Defendant of the termination of the instant lease agreement on February 10, 2015 on the ground that the payment of rent was delayed for ten months.
C. Meanwhile, on the 1st floor of the instant building, a part of 48.5 square meters in the place of the ship (hereinafter “the part of the instant building”) connecting each point of the attached drawing Nos. 1, 2, 6, 5, 7, and 1 are annexed to the attached drawing Nos. 1, 6, 7, and 1. The Defendant asserted that the said part of the building was constructed at its own
[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings
2. Determination:
A. According to the above facts, the instant lease agreement was terminated on February 10, 2015 by notifying the Plaintiff of the termination on the grounds of the overdue rent for at least two years.
Therefore, barring special circumstances, the Defendant is obligated to order the Plaintiff to restore the building of this case to its original state following the termination of the instant lease agreement, and to remove the building of this case and deliver the land to the Plaintiff.
In addition, the Defendant is obligated to pay to the Plaintiff the amount of money calculated by the ratio of KRW 700,000 per month to the amount of unjust enrichment equivalent to the rent from November 1, 2015 to the completion date of the surrender of the part of the instant building from November 1, 2015.
B. The judgment of the defendant on the defendant's assertion is attached to the building of this case during the period of the lease contract of this case with the permission of the plaintiff.