건물명도
1. Each of the plaintiffs' claims against the defendant are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. On February 26, 2014, the Plaintiffs leased real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant as KRW 180,00,00,000, and the lease term from April 30, 2014 to April 30, 2016 (hereinafter “instant lease contract”). The fact that the instant real estate was delivered to the Defendant around that time is nonexistent between the parties or may be recognized by comprehensively taking into account the overall purport of the pleadings as stated in the evidence No. 2.
2. The plaintiffs' assertion
A. The Plaintiffs notified the Defendant of the refusal to renew the instant lease agreement on February 25, 2016 and March 12, 2016, which was prior to the expiration of the instant lease agreement. As such, the instant lease was terminated on April 30, 2016.
Therefore, the Defendant is obliged to deliver the instant real estate to the Plaintiffs at the same time, with the payment of the remainder of KRW 179,842,370, excluding the unpaid management expenses of KRW 157,630 on October 2016, among the lease deposit of KRW 180,000,000.
B. On June 16, 2016, the Plaintiffs sold the instant real estate to a third party, and received KRW 5,000,000 from the purchaser of the said real estate, on which the Defendant unilaterally failed to deliver the real estate by asserting that the instant lease contract had not been terminated. The Plaintiffs were unable to perform their obligations under the said sale contract, thereby paying KRW 3,00,000 as damages to the purchaser of the said real estate, and thus, the Defendant is obliged to pay the Plaintiffs the damages amounting to KRW 3,00,000,000, and damages for delay.
3. Article 6(1) of the Housing Lease Protection Act provides that a lessee shall not notify the lessee of the refusal of the renewal within the period from six months to one month before the expiration of the lease term, or shall not renew the lease without changing the terms of the contract.