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1. By December 9, 2016, the Defendant shall deliver to the Plaintiff the answer 631 square meters in Busan-gun, Busan-gun, Busan-do.
2. The plaintiff's remaining claims.
Reasons
1. Determination as to the cause of claim
A. On May 1, 2010, the Plaintiff and the Defendant indicated in paragraph (1) of this Article (hereinafter “instant land”).
(2) From May 1, 2010 to May 10, 2013, the term of lease was set at three years, and the term was set at KRW 1,500,000 per annum, and the lease was concluded. (2) The Defendant paid to the Plaintiff the rent from 2010 to 2014, but did not pay the rent from May 1, 2015.
3) On May 13, 2016, the Plaintiff filed the instant lawsuit with the effect that the instant lease contract is terminated on the grounds of the unpaid rent, the expiration of the period of termination, etc., and the duplicate of the complaint was served on the Defendant on June 9, 2016. 4) The Defendant paid to the Plaintiff KRW 1,500,000 for rent 1,500 for year 2015 and KRW 1,500 for rent 2016 for June 23, 2016, respectively.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 4, the purport of whole pleadings
B. According to the above findings of determination, the instant lease agreement was explicitly renewed after May 10, 2013, and was terminated on December 9, 2016, which was six months after June 9, 2016 when the Plaintiff notified the Defendant of the termination of the instant lease agreement.
(1) Article 639(1) and Article 635(2)1 of the Civil Act (see, e.g., Articles 639(1) and 635(2)1) of the same Act). [The Plaintiff asserts that the instant lease contract is terminated on the grounds of unpaid rent by the Defendant, but only when the delayed rent by the lessee reaches the two-term rent, the lessor may terminate the lease contract, and the said provision is a mandatory provision and an agreement unfavorable to any other lessee is null and void (see, e.g., Articles 640 and 652 of the Civil Act). Furthermore, as seen earlier, the Defendant’s overdue rent is merely a one-year rent, 2015, and thus, cannot terminate the lease contract on the grounds thereof] further, the Plaintiff sought payment of rent or unjust enrichment from May 1, 2015. However, as seen earlier, the Defendant’s rent in 2016 to the Plaintiff (i.e., the rent by April 30, 2017).