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1. The defendant shall be the plaintiff.
A. Of the land size of 164 square meters in Busan Young-gu, Busan Metropolitan City, the number of pages 1, 2, 5, 6, and 1 are indicated in the annexed drawing.
Reasons
1. Basic facts
A. On October 30, 1998, the registration of ownership transfer was completed in the Plaintiff on October 30, 1998 with respect to the land of 166 square meters in the field of Young-gu, Busan Metropolitan City (2 square meters in D and D on March 19, 2014) (hereinafter “instant land”).
B. Meanwhile, in around 2005, E, who is the Plaintiff, newly constructed a steel pipe, a steel pipe, a tent, and a simplified waiting room (hereinafter “instant building”) on the ground of 18.4 square meters on the part of the instant building, which connects each point of (A) part of 4.6 square meters on the ground with the indication of the attached drawing Nos. 1, 2, 5, 6, and 1 in sequence among the instant land, and operated a oil bag box on the ground of 2,3,4,5, and 2 of the same drawings.
C. On April 18, 2013, the Defendant, as E, entered into a lease agreement with the Plaintiff to lease the instant building site with a deposit of KRW 15 million, monthly rent of KRW 300,000, and 12 months during the lease period (hereinafter “instant lease agreement”), and operates a pleasure line ticket in the said building.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 and 2, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the instant lease agreement between the Plaintiff and the Defendant is deemed to have been terminated upon the expiration of the lease term. Thus, barring any special circumstance, the Defendant is obligated to remove the instant building to the Plaintiff, deliver the site of the instant building, and return, as claimed by the Plaintiff, unjust enrichment equivalent to the rent calculated by the ratio of KRW 300,000 per month from February 19, 2015 to the date of removal of the said building and delivery of the said land.
3. Judgment on the defendant's assertion
A. The Defendant’s assertion that the right to request the renewal of the contract was exercised by the Plaintiff, and the Plaintiff exercised the right to request the renewal of the contract under Article 10 of the Commercial Building Lease Protection Act.