건물명도(인도)
1. The defendant shall deliver to the plaintiff the building indicated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. Basic facts
A. On September 14, 2012, C leased a building listed in the attached list (hereinafter “instant building”) to the Defendant as specified in the attached list (hereinafter “instant building”) from September 20, 2012 to September 20, 2014 by setting the lease term as KRW 10 million, monthly rent as KRW 10 million, and KRW 1 million. The said contract was explicitly renewed after September 20, 2014.
B. On October 20, 2015, the Plaintiff purchased the instant building from C, and completed the registration of ownership transfer on November 3, 2015.
C. On November 11, 2015, the Plaintiff entered into a lease agreement between the Defendant and the lease deposit amounting to KRW 10 million, monthly renting to KRW 1.2 million, and the lease period from September 20, 2015 to September 20, 2017.
On June 21, 2017, the Plaintiff notified the Defendant of the termination of a lease agreement on three occasions, including June 21, 2017, July 14, 2017, and July 21, 2017.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3 (including virtual number), Eul evidence 2, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the cause of claim, the instant lease agreement is legally terminated as of September 20, 2017, when five years have elapsed since the Plaintiff’s notice of termination of the lease agreement or the Plaintiff’s declaration of refusal to renew the lease agreement, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff, barring special circumstances.
B. The Defendant’s argument regarding the Defendant’s assertion is divided into a lease agreement entered into with the Plaintiff and a lease agreement entered into with the Plaintiff, and barring any special circumstance, the Plaintiff’s lease agreement with the Plaintiff shall be guaranteed from September 20, 2015 to September 20, 2020 pursuant to Article 10(2) of the Commercial Building Lease Protection Act, which is the beginning date of the lease agreement with the Plaintiff, unless there exist any special circumstances. The Defendant demanded renewal, so, the instant lease agreement is renewed
Article 10 (2) of the Commercial Building Lease Protection Act includes the first term of lease.