건물명도 등
1. The plaintiff's claim is dismissed.
2. One-half of the costs of lawsuit shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.
Basic Facts
On May 3, 2011, the Plaintiff entered into a lease agreement between the Defendant and the Plaintiff on the commercial building of the first floor C (hereinafter “instant commercial building”) owned by the Plaintiff to the Defendant, setting the deposit amount of KRW 10,000,000, monthly rent of KRW 1,150,000, and the lease term of KRW 1,150,000 from May 16, 201 to May 15, 2013.
As to the above lease agreement, the Plaintiff and the Defendant entered into a renewal agreement with the term of lease from May 16, 2015 to May 15, 2016, under which the term of lease was fixed as KRW 1,250,00 per month, and the term of lease from May 16, 2013 to May 15, 2015, and entered into a renewal agreement with the term of lease from May 16, 2015 to May 15, 2016.
On December 22, 2015, the Plaintiff: (a) sold the instant commercial building and its site in KRW 1,500,000,000 with SPD Co., Ltd. (hereinafter “SP”); (b) but (c) concluded a sales contract with the content that the Plaintiff received the balance after deducting the so-called reserves when the instant commercial building are not delivered to Nonparty Company (hereinafter “instant sales contract”).
On February 1, 2016, the Plaintiff notified the Defendant of the purport that the reconstruction project would commence on April 2016 at the location of the instant commercial building and sought a store in another place. On March 7, 2016, the Defendant notified the Plaintiff that he/she intended to extend the lease contract.
Therefore, on March 9, 2016, the Plaintiff notified the Defendant that he/she did not intend to conclude a lease contract again, and notified the Defendant that the lease contract should be terminated on May 16, 2016, but the Defendant did not deliver the instant commercial building to the Plaintiff even after May 16, 2016.
On August 25, 2016, the Plaintiff completed the registration of ownership transfer for the instant commercial building and site to Nonparty Company on the grounds of the instant sales contract. However, the Plaintiff’s remainder of the remainder to the Plaintiff, which is the sum of KRW 145,000,000,000, and the sum of KRW 3,000,000, under the pretext of unpaid public imposts, among the remainder of the remainder.