건물명도(인도)
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall:
(a) deliver the real estate listed in the separate sheet;
B. June 5, 2020
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Facts of recognition
A. On November 12, 2014, the Defendant entered into a lease agreement between E and F, where the owner of the real estate listed in the separate sheet (hereinafter “instant building”, and the part C and D of the said building “instant store”) entered into between E and F, which had been the owner of the said building, with deposit money of KRW 50 million, monthly rent of KRW 2 million (excluding value-added tax), and the lease term of KRW 50,000,000 (excluding value-added tax), and December 5, 2014 to December 5, 2017 (hereinafter “instant lease agreement”).
Around December 2014, the Defendant paid all the above deposits to E and F, and received the delivery of the instant store from that time to that day, and operated the cosmetic of “G” in the said store from that time to that day of the closing of argument in the instant case.
B. On December 24, 2015, the Plaintiff and the Plaintiff’s mother succeeded to the lessor’s status of the instant lease agreement upon acquiring ownership by purchasing 1/2 shares from each of the instant stores.
(hereinafter referred to as “the Plaintiff’s side” when referring to both the Plaintiff and H. On February 17, 2019, the Plaintiff was also transferred the ownership of 1/2 shares in the said H’s name due to inheritance.
C. On July 4, 2017, the Defendant sent a content-certified mail to the Plaintiff that demanded the renewal of the lease term of the instant lease agreement to the Plaintiff, and the said lease agreement was renewed once at the expiration of the lease term.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 and 8 (including paper numbers), and the purport of the whole pleading
2. Determination as to the claim on the principal lawsuit
A. 1) The Plaintiff’s assertion 1) The instant lease agreement is the former Commercial Building Lease Protection Act (amended by Act No. 15791, Oct. 16, 2018; hereinafter “former Commercial Building Lease Act”).
Article 10 (2) can be renewed only within the extent not exceeding five years of the whole term of lease. Therefore, on December 5, 2019, the term of lease has expired.
Therefore, the Defendant, a lessee, delivers the instant store to the Plaintiff as the lessor, and terminate the said lease period.