건물명도(인도)
1. The judgment of the first instance court, including a claim that has been changed in exchange at the trial, shall be modified as follows:
1. Basic facts
A. C owned real estate listed in the separate sheet (hereinafter “instant real estate”). On February 25, 2007, C concluded a lease agreement with the Defendant (hereinafter “instant lease agreement”) with a period from February 25, 2007 to February 25, 2007, stipulating that the instant real estate is leased KRW 50 million (a balance of KRW 1 million and KRW 49 million shall be paid in February 25, 2007), monthly rent, and the lease period from February 25, 2007 to February 24, 201 (hereinafter “instant lease agreement”).
B. The instant lease agreement was extended three times by implied renewal, and its termination date became February 24, 2017.
On the other hand, C died on March 8, 2016, and the Plaintiff completed the registration of ownership transfer on the instant real estate on May 17, 2016 on the ground of inheritance due to the agreement and division as of March 8, 2016 among two children who are the property successors.
C. Around December 2, 2016, the Plaintiff notified the Defendant of the refusal to renew the instant lease agreement, and on December 6, 2016, the said notification was issued to the Defendant.
The Defendant is the husband of the deceased C’s female born, and the Defendant resided in the instant real estate from February 25, 2007, and delivered the instant real estate to the Plaintiff through the execution procedure based on the original judgment of the first instance judgment of the provisional execution sentence of this case on July 26, 2018.
[Evidence] Facts without dispute, Gap's 1 to 5, 10 evidence (if there are provisional numbers, including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination
A. On December 2, 2016, the Plaintiff’s assertion 1 as to the Plaintiff’s claim was notified of the refusal to renew the instant lease agreement, which was implicitly extended to the Defendant on or before December 2, 2016, and its notification reached around December 6, 2016. As such, the instant lease agreement was terminated as of February 24, 2017.
However, the Defendant, as well as C, stipulated in the instant lease agreement to the Plaintiff until the instant lease agreement is terminated.