건물명도(인도)
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
A. The payment of KRW 25,000,000 is received from the Plaintiff (Counterclaim Defendant).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Facts of recognition
On October 28, 2009, the Plaintiff: (a) fixed the instant building part to the Defendant as KRW 25 million per month and KRW 1.5 million per month; and (b) around that time, the Defendant paid the said lease deposit to the Plaintiff and received the delivery of the instant building part; and (c) operated cosmetics sales stores.
While the Plaintiff and the Defendant had renewed the instant lease contract thereafter, they agreed on September 20, 2016, with the lease term from October 1, 2016 to September 30, 2017, respectively, as KRW 1.8 million per month.
On July 10, 2018 and July 24, 2018, the Plaintiff notified the Defendant of his/her refusal to renew the building and notified the Defendant of his/her refusal to renew the building upon the expiration of September 30, 2018, which is the expiration date of the previous renewed period.
The Defendant paid the Plaintiff the amount of rent or unjust enrichment equivalent to the rent that occurred by February 28, 2019.
[Based on the fact that there is no dispute, Gap 2 through 6 (if there is a provisional number, each number), and the purport of the entire pleadings, Article 10(4) of the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”) provides that the lessor fails to notify the lessee of the refusal to renew or to notify the lessee of the change of the terms and conditions at least one month before the expiration of the lease term, the lease shall be deemed to have been renewed under the same conditions as the former lease at the expiration of the lease term. In such cases, the lease term shall be deemed to be one year.
According to the above facts of recognition, the instant lease agreement is implicitly renewed pursuant to Article 10(4) of the Commercial Building Lease Act and extended until September 30, 2018, and it shall be deemed that the said agreement was terminated upon the expiration of the period on September 30, 2018 by the Plaintiff’s declaration of rejection of renewal on July 10, 2018.