건물명도
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On March 8, 2012, the Plaintiff leased real estate stated in paragraph 1.1 of the claim to Defendant B as the lease period of KRW 2 years from March 8, 2012, KRW 10 million, KRW 500,000 per month, and KRW 200,000 per month. The Plaintiff leased the real estate stated in paragraph 2. of the claim to Defendant C as the lease period of KRW 2 years from March 8, 2012, KRW 10,000 per month, and KRW 1 million per rent.
In the above leased building, Defendant B operates the entertainment bar, and Defendant C operates the entertainment tavern.
Each of the above lease agreements is implicitly renewed on a yearly basis, and the end of the last period is March 7, 2016.
From August 13, 2015, the Plaintiff notified the Defendants that they refuse to renew a lease contract because they are planning to repair the entire building on several occasions due to the deterioration of leased buildings, safety risks, etc.
On September 1, 2015 and November 19, 2015, the Defendants notified the Plaintiff of the intent to renew the contract for one year by content-certified mail.
[Grounds for recognition] A.1-3 Evidence, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion that the commercial building of this case is a old building and needs to be repaired in large scale due to concerns about safety accidents, so the plaintiff may refuse the request of the defendants for renewal of the contract.
Since the term of lease ends on March 7, 2016, the Defendants are obligated to deliver each leased building to the Plaintiff and pay unjust enrichment equivalent to the rent to the Plaintiff from the day following the expiration date of the contract until the completion date of delivery of real estate.
B. The Defendants asserted by the Defendants may exercise their right to request the renewal of the contract until March 7, 2017, within five years from the initial lease term, pursuant to Article 10(1) of the Commercial Building Lease Protection Act, and the Plaintiff has no justifiable reason to refuse the request. The lease contract between the Plaintiff and the Defendants was terminated on domestic affairs.
Even if the plaintiff paid premiums under Article 10-4 of the Commercial Building Lease Protection Act to the defendants, and the defendants paid them on behalf of the plaintiff.