건물명도
1. Defendant B received KRW 40,000,000 from the Plaintiff, and at the same time, was included in the real estate listed in the attached Table in the Plaintiff.
1. Comprehensively taking account of the purport of Gap evidence No. 1’s argument as to the cause of the claim, the plaintiff, on June 15, 2014, leased on June 15, 2014, 40 million won (hereinafter “the instant real estate”) and 800,000 won for lease deposit (20,000 won for each payment date), term of lease deposit, from June 15, 2014 to June 14, 2015, the Plaintiff leased the real estate listed in the separate sheet No. 1, 3, 4, 5, 6, 7, 5, 6, 7, 9, 9, 99, the part of “(a),” and “the (b) bank” (hereinafter “the instant real estate”) among the real estate listed in the separate sheet No. 1, a commercial building, to the end of June 14, 2015.
그리고 피고 C은 별지 목록 기재 부동산 중 별지 도면 표시 ㄱ, ㄴ, ㅋ, ㅊ, ㄱ의 각 점을 차례로 연결한 선 내 (나) ‘방’ 부분(이하 ‘이 사건 방’이라 한다)을 점유하고 있는 사실은 당사자 사이에 다툼이 없다.
According to these factual relations, the lease agreement between the Plaintiff and Defendant B on June 15, 2014 (hereinafter “instant lease agreement”) was terminated on June 14, 2015.
As such, Defendant B, a lessee, has the duty to return KRW 40,00,000 from the Plaintiff to the Plaintiff as a lessor upon termination of the lease agreement, and simultaneously deliver the instant real estate to the Plaintiff. Defendant C has the duty to withdraw from the instant room.
2. Judgment on the defendants' assertion
A. As to the assertion regarding renewal, the Defendants asserted that, prior to the termination of the contract of this case, the Plaintiff demanded renewal of the lease agreement so that the instant real estate can be continuously used as an excess.
According to the Commercial Building Lease Protection Act, if the lessee requests the renewal of the contract between six months and one month before the expiration of the lease term, the lessor may not refuse the contract without justifiable reasons.