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1. The defendant shall be the plaintiff.
A. The “building first floor drawings” among the real estate in the attached list is indicated in the attached list. (1), (2), (3), (4).
Reasons
1. Facts of recognition;
A. On March 1, 2015, Nonparty C entered into a lease agreement with the Defendant to lease KRW 10,000 (hereinafter “instant lease agreement”) part of KRW 33,00,00 in a ship connected with each of the items in sequence with the Defendant, among the real estate listed in the attached list in the attached Table, to the Defendant, KRW 1,2,3,4, and KRW 33,000 of the leased deposit (hereinafter “instant store”). On the same day, Nonparty C was handed over the instant store by the Defendant on the same day.
B. On April 3, 2015, the Plaintiff purchased real estate, including the instant store, from C and the same year.
7. 30. Registration of ownership transfer was completed.
C. From July 29, 2015, the Defendant delayed the payment of rent for at least three years since July 29, 2015 to C or the Plaintiff. On November 11, 2015, the Plaintiff notified the Defendant that the instant lease contract was terminated on the ground that the rent was delayed.
The defendant currently occupies the present store in use and profit-making.
[Ground of recognition] Facts without dispute, Gap evidence 4-2, Gap evidence 5-2 and the whole purport of pleading
2. Determination:
A. The Plaintiff, a purchaser of the instant store pursuant to Article 3(4) of the Housing Lease Protection Act, succeeded to the lessor’s status of the instant lease agreement.
B. According to the facts found earlier prior to the duty to deliver the instant store, the instant lease agreement was lawfully terminated on November 11, 2015, upon which the Plaintiff notified the Defendant of the termination of the instant lease agreement.
Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff as a result of the termination of the instant lease agreement.
C. According to the facts found earlier prior to the obligation to pay a rent and return a reasonable amount of unjust enrichment, the Defendant is the rent from July 29, 2015 to November 11, 2015, which was the date of termination of the lease contract, to the Plaintiff.