1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1. Claim.

The reasoning for the court's explanation of this case is that the part of "(2) judgment on the defenses equivalent to the defendant's rent and management fee" below five pages of the judgment of the court of first instance is stated in the reasoning of the judgment of the court of first instance, except for the case after the dismissal as follows, and therefore, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act. (2) The judgment on the defenses equivalent to the defendant's rent and management fee amount (2) the lessee continued to possess the leased building portion in order to refuse the return of the object by exercising his right of defense after the expiration of the lease term, but if the lessee fails to use or make profit in accordance with the original lease term, and there is no substantial profit, the lessor caused the damage.

Even if a lessee’s return of unjust enrichment is not established (see, e.g., Supreme Court Decision 92Da38980, Nov. 23, 1993). In such a case, the lessor should bear management expenses from the expiration of the lease term to the delivery of the object.

(See Supreme Court Decision 2005Da1711 Decided April 29, 2005, etc.). In full view of the facts acknowledged earlier, as well as the entries and images of Gap evidence Nos. 4, 9, Eul evidence Nos. 2 and 29 (including household numbers, hereinafter the same as the same), and the purport of the whole pleadings, the plaintiff transferred the internal house to another place before the expiration of the lease term, and the plaintiff was operating the hospital no longer within the lease term of this case, and the plaintiff was not operating the hospital in the lease term of this case after the transfer of the internal house to another place. The plaintiff did not go through the construction before the expiration of the lease term, due to conflicting opinions on the methods and scope of restoration to the original state, left part of the lease term of this case to exercise the right of simultaneous performance defense with the return of the lease deposit and the restoration to the original state, and it appears that the lease term of this case was planned to be removed through the construction of the remaining house or facility)