건물명도(인도)
1. The Defendant shall deliver to the Plaintiffs one story of 118.28 square meters among the real estate listed in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
1. Facts of recognition;
A. The Defendant is operating a restaurant with the trade name “E” in the leased portion from November 6, 2002 to the present lease since D, the owner of the real estate indicated in the attached list (hereinafter “instant real estate”), after leasing (hereinafter “instant lease agreement”) the 118.28 square meters of the 1st floor of the instant real estate among the instant real estate.
B. On October 2, 2013, F decided to succeed to the instant lease agreement after completing the registration of ownership transfer on the ground of sale and purchase as of September 5, 2013, and on October 23, 2013, F written the lease deposit amount of KRW 30,00,000 with the Defendant for the leased portion, KRW 60,000 per month for the leased portion, and the term of lease from October 30, 2013 to October 29, 2015, and written the lease agreement stipulated as the special terms and conditions.
C. On August 25, 2014, the Plaintiffs decided to succeed to the instant lease agreement after completing the registration of ownership transfer based on sale and purchase as of each of the instant real estates on July 6, 2014. The Plaintiffs drafted the lease agreement dated October 23, 2013, which is stipulated from October 30, 2013 to October 29, 2015 as follows: (a) KRW 30,000,000 as to the instant leased portion; (b) KRW 600,000 as of the instant leased portion; and (c) the lease term was stipulated from October 23, 2013 to October 29, 2015.
On September 25, 2017, the Plaintiffs notified the Defendant of the delivery of the leased portion upon the termination of the instant lease agreement term.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7 (including the number of each branch), the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the instant lease agreement is implicitly renewed. However, the Plaintiffs’ notification of rejection of renewal to the Defendant around September 25, 2017 and the expiration of the period of October 29, 2017 is deemed to have expired, barring any special circumstance.