건물명도(인도)
1. The defendant is paid KRW 30 million from the plaintiff, and at the same time, the plaintiff is at the first floor of the real estate stated in the attached Table.
1. Facts of recognition;
A. On April 1, 2011, the Plaintiff leased to the Defendant a store of 171.9 square meters in the part (D) in the ship (hereinafter “instant store”) connected each point of the attached Form No. 11, 12, 13, 14, 15, 16, 17, 18, and 11 among the real estate 1 floors listed in the attached Table No. 11, 12, 13, 14, 15, 16,
B. On December 31, 2017, the above lease agreement between the Plaintiff and the Defendant was successively renewed, and on December 31, 2017, the lease deposit amounting to KRW 30 million, monthly renting to KRW 1,472,500 (excluding value-added tax), and the term of lease was fixed and renewed “from January 1, 2018 to December 31, 2018”.
(C) The above lease agreement between the Plaintiff and the Defendant (hereinafter “instant lease agreement”).
On November 22, 2018, the Plaintiff sent to the Defendant a content-certified mail containing his/her intent to refuse the renewal of the instant lease agreement.
The defendant is operating a restaurant in the name of "C" at the store of this case until now.
【Fact-finding without dispute over the ground for recognition, Gap evidence 1 through 4, Eul evidence 1 through 4, the purport of the whole pleadings
2. Determination
A. According to the above facts, since the lease contract of this case was terminated upon the expiration of the period, the defendant is obligated to deliver the store of this case to the plaintiff.
B. The Defendant’s assertion 1) asserts that the Defendant has the right to demand renewal of the contract within a period not exceeding ten years including the initial lease period under Article 10 of the Commercial Building Lease Protection Act. Article 10(2) of the current Commercial Building Lease Protection Act (Act No. 15791), which guarantees the right to request renewal of the contract for ten years, applies from the lease entered into or renewed for the first time after October 16, 2018 (Article 2 of the Addenda, and prior to the enforcement of the above Act, the lessee’s right to demand renewal of the contract was recognized within a period not exceeding five years from the total lease period.
The lease contract of this case was renewed on December 31, 2017 before the enforcement date of the current Commercial Building Lease Protection Act, and it was also renewed on the commercial building.