피고는 원고에게, 별지 목록 기재 부동산의 1층 중 별지 도면 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을...

Basic Facts

원고는 2014. 4. 30. 피고에게 별지 목록 기재 부동산(이하 ‘이 사건 부동산’이라 한다)의 1층 중 별지 도면 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을 차례로 연결한 선내 (가) 부분 19.53㎡(이하 ‘이 사건 점포’라고 한다)를 임대차보증금 2,000,000원, 차임 월 150,000원(매월 30일 후불), 임대차기간 2014. 4. 30.로부터 12개월로 정하여 임대하면서, 특약사항으로 재개발 철거 시 피고가 조건 없이 비워주기로 약정하였다

(hereinafter “instant lease agreement”). The Defendant did not pay the rent for March 3, 2014 and paid the rent of KRW 150,000 each as the rent in May 1, 2015, and thereafter did not pay the rent continuously.

On August 17, 2016, the complaint of this case, stating the termination of the lease contract of this case on the grounds of the Defendant’s delinquency in rent, was served on the Defendant.

With respect to the C District Urban Renewal Promotion and Maintenance Project implemented by the C District Urban Planning and Improvement Project Cooperatives (hereinafter referred to as the “instant Cooperatives”), the authorization and announcement of the management and disposal plan under Article 49(2) and (3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”) around December 10, 2015, concerning the C District Urban Renewal Promotion Project implemented

(2) According to the reasoning of the judgment of the court below, the court below held that the lease contract of this case was lawfully terminated by the plaintiff's termination notice, and the defendant delivered the store of this case to the plaintiff and delivered the rent to the plaintiff from January 30, 2015 (the rent paid by the defendant in the year 2015 was fully appropriated to the rent in arrears in the year 2014) to the day the delivery of the above real estate was completed, and it is obligated to pay the money calculated by the ratio of KRW 150,000 per month to the rent or unjust enrichment from January 30, 2015, which is sought by the plaintiff.

The defendant's argument is related.