건물명도(인도)
1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall deliver each building listed in the separate sheet to the Plaintiff (Counterclaim Defendant).
2...
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On April 23, 2013, the Defendant entered into a contract on the lease of KRW 300,000,000 per deposit, KRW 26,50,000 per rent, and the period from April 30, 2013 to April 30, 2015 with respect to each building listed in the separate sheet (hereinafter “instant building”). Around February 9, 2015, the Defendant agreed to extend the said lease agreement for two years, but the deposit was increased by KRW 50,00,000.
From April 2013, the Defendant runs the telecoming business with the trade name “C” in the instant building.
B. On August 4, 2015, the Plaintiff completed the registration of ownership transfer on the instant building based on sale on June 10, 2015.
C. On August 13, 2015, the Defendant concluded a contract with the effect that the Plaintiff and the instant building are to lease KRW 350,000,000 per deposit, KRW 26,50,00 per month of rent, and the period from August 13, 2015 to April 30, 2017.
(hereinafter “instant lease agreement”). D.
In 2017, the Plaintiff notified the Defendant of the refusal to renew the instant lease agreement, but the Defendant is occupying and using the instant building until now.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including additional number), the purport of the whole pleadings
2. Determination as to the principal lawsuit
A. According to the facts of the determination as to the cause of the claim, the instant lease contract was terminated on April 30, 2017 by notifying the Plaintiff, a lessor, of the refusal to renew the lease between six months and one month before the expiration of the lease term.
Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.
B. The defendant's assertion was rejected by the defendant's request for renewal of the lease contract of this case without any justifiable reason. Since the plaintiff's claim of this case is alleged to be unjustifiable, the defendant's judgment on the defendant's assertion was partially amended by Act No. 14242, May 29, 2016.