건물명도(인도)
1. The defendant shall be the plaintiff.
A. Of the 1st floor of the real estate in the attached list 293.22 square meters, the indication of the attached drawings 1, 2, 5, 6, 1.
1. In fact, the following facts do not conflict between the parties, or can be acknowledged by comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1, 2, 3-3, and 4-7.
On February 26, 1993, the Plaintiff was the owner of the real estate listed in the attached list (hereinafter “instant building”). On February 26, 1993, the Plaintiff entered into a lease agreement with the Defendant on the part on the ship (C cafeteria; hereinafter “instant store”) which connects each of the items of the attached drawings Nos. 1, 2, 5, 6, and 1 among the 1st floor of the instant building, and has been renewed every year.
In relation to the business of the store of this case, the defendant around that time installed facilities, such as a lag and a lag support unit, on the part of the ship connecting each point of the annexed drawings Nos. 2, 3, 4, 5, and 2 among the first floor of the building of this case.
(hereinafter referred to as “the instant screen, etc.”) B.
After that, on January 12, 2015, the Plaintiff entered into a lease agreement with the Defendant with the terms of KRW 40,000,000 for the instant store, KRW 700,00 for monthly rent, and KRW 24 months for the term of lease (hereinafter “instant lease agreement”) (hereinafter “instant lease agreement”) and subsequently, it was implied renewed for one year thereafter.
C. Meanwhile, on November 9, 2017 and December 29, 2018, the Plaintiff expressed his/her intent to refuse to renew the lease contract to the Defendant on January 29, 2018, on the ground that safety diagnosis and substantial repair of the entire building of the instant building are necessary. On January 15, 2018, the Plaintiff deposited KRW 40,000,000 as the deposited deposit with the Seoul Central District Court was deposited as the Defendant in gold No. 992 in Seoul. 2018.
2. Determination
A. According to the above facts finding as to the cause of the claim, the instant lease contract was terminated on January 12, 2018, and the Defendant, barring any special circumstance, shall deliver the instant store to the Plaintiff, and remove the instant screen, etc., and the instant store from January 13, 2018, after the termination of the instant lease contract.