건물명도(인도)
1. The Plaintiff:
A. Defendant B is simultaneously paid KRW 27 million by the Plaintiff, and at the same time, a building listed in the attached Table.
1. The fact of recognition: Defendant C 2,100,000 won on July 24, 2017, July 25, 2012, Defendant C1, on April 22, 2013, when the lease term for the first lease of an object of lease expires (determined to be), Defendant D2,10 million won on May 27, 2013, 200,000 won on May 26, 2017, 200,000 won;
A. The Defendants concluded a lease agreement with Nonparty E on the buildings listed in the separate sheet (hereinafter “instant building”) as indicated in the following table, and have renewed it every one year.
B. The Plaintiff purchased the instant building from E on May 31, 2016 and completed the registration of ownership transfer on July 19, 2016.
C. On July 25, 2016 and the instant complaint, the Plaintiff requested the Defendants to terminate the lease agreement and deliver the lease agreement on the grounds that the said building is to be reconstructed due to its deterioration, and notified the Defendants of their intent to refuse to renew the lease agreement. Accordingly, Defendant C around March 20, 2017 and Defendant D notified the Plaintiff that the lease agreement will be renewed in accordance with the Commercial Building Lease Protection Act on April 5, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 2, 3, 4, Gap evidence 6, 7, 8, Eul evidence 1-2, and the purport of the whole pleadings
2. Determination
A. The plaintiff asserted that the contract of this case was terminated upon the expiration of the lease term due to the refusal to renew the contract of this case, and the defendants are obligated to deliver each object of the lease of this case to the plaintiff. Accordingly, the defendants asserted that the contract of this case was renewed since they requested renewal in accordance with the Commercial Building Lease Protection Act. The plaintiff asserted that the defendants' obligation to deliver the object of the lease of this case and the obligation to return the deposit of the plaintiff to the plaintiff is in a simultaneous performance relationship.
B. Determination 1 related statutes and the Commercial Building Lease Protection Act.