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1. The defendant shall be the plaintiff.
(a) Of the 1st floor of the building listed in the annexed sheet, each of the annexed drawings indicated 1, 2, 3, 4, 5, 6, 7, 8, and 1.
Reasons
1. Facts of recognition;
A. On May 10, 2014, the Plaintiff entered into a commercial lease agreement with the Defendant for the lease deposit of KRW 10 million, monthly rent of KRW 500,00,000, and the lease period of May 9, 2016 (hereinafter “instant lease agreement”) on the part of KRW 72.45 square meters inside the ship, which was 1,2,3,4,5,6,7,7,8, and 1 of the attached drawings, in sequence, among the 1st floor of the building indicated in the attached list, which is one owned by the Defendant, and leased the instant store to the Defendant.
B. On January 20, 2016, C, a manager of the building in the attached list, notified the Defendant of the expiration of the lease term of the instant lease agreement on behalf of the Plaintiff by restoring the passage portion to its original state and delivering the instant store.
C. On May 4, 2016, the Plaintiff sent to the Defendant a written peremptory notice to the effect that, upon the expiration of the lease term of the instant lease by content-certified mail, the said written peremptory notice reaches the Defendant on May 19, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2, Eul witness's testimony and the purport of whole pleadings
2. Determination on the cause of the claim
A. According to the above facts, it is reasonable to deem that the Plaintiff notified the Defendant of the rejection of the renewal of the instant lease by demanding the Defendant to deliver the instant store on or around January 20, 2016, barring any special circumstance, the instant lease agreement terminated upon the expiration of the lease term on May 9, 2016.
Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff and return unjust enrichment calculated by the rate of KRW 500,000 per month, which is equivalent to the rent from May 10, 2016 to the completion date of delivery of the instant store.
B. The defendant asserts that since the Commercial Building Lease Protection Act guarantees the rental period of five years, the plaintiff cannot claim for the delivery of the store in this case.
The defendant is a commercial building.