임대차보증금
1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and
1. Facts of recognition;
A. On October 1, 2012, the Plaintiff leased part of 190 square meters of the first floor of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the Nam-gu Incheon Metropolitan City (hereinafter “instant factory”) from October 1, 2012 to September 30, 2014, with the lease deposit of KRW 18,000,000, monthly rent of KRW 1,800,000 (excluding value-added tax) (excluding value-added tax).
(hereinafter “instant lease agreement”). B.
The instant lease agreement was implicitly renewed after the expiration of the lease term on September 30, 2014.
C. From October 1, 2015, the Plaintiff paid KRW 2,100,00 to the Defendant monthly rent (excluding value-added tax).
On October 16, 2016, the Plaintiff left the factory of this case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 4, the purport of the whole pleadings
2. Determination
A. Article 1 of the Commercial Building Lease Protection Act provides that "the purpose of this Act is to ensure the stability of the economic life of citizens by prescribing special cases concerning the Civil Act concerning the lease of commercial buildings," and the main sentence of Article 2 (1) provides that "this Act shall apply to the lease (including the case where the main part of the leased object is used for business purposes) of a commercial building (referring to a building subject to business registration under Article 3 (1))," and Article 3 (1) provides that "a lease shall take effect against a third party from the following day, even if a lessee has no registration, if he/she files an application for the transfer of a building and the transfer of a building, Article 5 of the Value-Added Tax Act, Article 168 of the Income Tax Act, or Article 111 of
In light of the purpose and the above provisions of the Commercial Building Lease Protection Act, the lease of a commercial building to which the Commercial Building Lease Protection Act applies refers to a building subject to business registration, which is used for profit-making business.