건물명도(인도)
1. The defendant is paid KRW 20,000,000 from the plaintiff, and at the same time, on the real estate stated in the attached Table to the plaintiff.
1. Facts of recognition;
A. On January 1, 1998, the Plaintiff entered into a lease agreement with the Defendant on the lease of 21.57 square meters (64 square meters) on the part of the (i) shop in the ship, which connects each point of the attached Form No. 29, 30, 31, 32, 42, 40, 41, and 29 among the real estate 2 floors listed in the attached Table No. 1998 (hereinafter “instant store”).
B. On December 31, 2017, the Plaintiff and the Defendant, each year, renewed the lease agreement for the instant store, and set the lease deposit of KRW 20 million, the lease deposit of KRW 1,251,90,00 from January 1, 2018 to December 31, 2018, and the monthly rent of KRW 1,251,90 (excluding value-added tax) and the management fee of KRW 4,900 (excluding value-added tax).
(hereinafter “instant lease agreement”). In the event of the termination and cancellation of a contract under Article 15, this lease agreement shall be terminated, and the defendant shall not be required to renew the contract:
However, in the case of subparagraphs (3) through (6), it shall be terminated when the plaintiff gives notice of termination.
(1) If the term of validity of this lease expires, (6) if the plan for remodeling, reconstruction, etc. of the building is in progress (by no later than the scheduled date of commencement of the construction), this building is scheduled to be reconstructed in January 2019, and the contract is terminated in accordance with Article 15 at the time of the reconstruction implementation.
(c).
The lease contract of this case includes the following provisions.
On November 22, 2018, the Plaintiff is expected to terminate the instant lease agreement with the Defendant on December 31, 2018, and it is anticipated to renew the lease agreement or renew the said agreement as of December 31, 2018 due to the deterioration of the facility, etc. and thus, the Plaintiff notified the Defendant of the delivery of the instant store at the time of termination of the lease. The said notification reached the Defendant on November 23, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-4, 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 on December 31, 2018.