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1. The Defendant (Counterclaim Plaintiff) is indicated in the attached Table from February 11, 2015 to February 50, 200,000 won from the Plaintiff (Counterclaim Defendant).
Reasons
1. The following facts do not conflict between the parties, or can be acknowledged by taking into account the following facts: Gap evidence Nos. 1, 2, and 3-1, and 2; Eul evidence Nos. 3-2; and the whole purport of the oral argument of this Court as a whole.
The Defendant, on February 10, 2012, operated the instant building from C, which was the former owner of the instant building, under the terms of KRW 100,000,000, and the lease period from February 10, 2012 to February 10, 2015, and under the terms of KRW 2,500,000 (including value-added tax) for lease, the Defendant is operating a pharmacy of “D pharmacy”.
B. On May 24, 2013, when the Plaintiff purchased the instant building from C during the said lease term, the Plaintiff succeeded to the lease agreement between C and the Defendant. On August 12, 2014 and December 31, 2014, the Plaintiff notified the Defendant that the lease agreement will be terminated without renewal at the expiration of the instant lease term, and that it will reach the Defendant around that time.
2. Determination on the main claim
A. According to the above facts finding as to the cause of the claim, the lease contract between the Plaintiff and the Defendant for the instant building was terminated on February 10, 2015. Thus, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff and pay KRW 2,500,000 each month as unjust enrichment per rent from February 11, 2015 to the completion date of delivery of the instant building.
B. The Defendant’s judgment on the Defendant’s simultaneous performance defense at the same time on the repayment of KRW 50,00,000,000, and at the same time on the premise that the order of the instant building should be fulfilled. As such, the Defendant is paid from the Plaintiff for the rent from February 11, 2015 to the completion date of delivery of the instant building, since the lessee’s obligation to deliver the object and the lessor’s obligation to return the deposit arising from the termination of the lease is concurrently performed.