건물명도
1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.
2. The costs of lawsuit are assessed against the Defendants.
3.
1. Facts of recognition;
A. On March 2001, Nonparty D entered into a lease agreement with Defendant B on a deposit of KRW 5 million with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). From March 15, 2001 to March 14, 2003, with a monthly rent of KRW 1.5 million. Defendant C operated the real estate brokerage business from around 2003 to the instant real estate.
B. Since then, D and Defendant B have renewed the lease agreement for the instant real estate. The lease term for the final renewed lease agreement is from March 15, 2014 to March 14, 2015.
C. On June 27, 2014, the Plaintiff concluded a sales contract with D for the instant real estate, and completed the registration of ownership transfer in the name of the Plaintiff on July 9, 2014.
On December 29, 2014, the Plaintiff revealed to the Defendants that the Plaintiff had no intention to continue the lease relationship with respect to the instant real estate, and notified the Defendants by content-certified mail to deliver the instant real estate. At that time, the said notification reached the Defendants.
[Ground of recognition] Facts that there is no dispute or do not clearly dispute, Gap evidence 1 to 3 (including paper numbers), Eul evidence 1 and 2, the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. According to the above facts, since the lease contract on the instant real estate was terminated due to the expiration of the term, the Defendants are obligated to deliver the instant real estate to the Plaintiff, barring any special circumstance.
B. Determination as to the Defendants’ assertion (1) The Defendants asserted that the term of lease was renewed until March 2016, since their rights are guaranteed for five years under the Commercial Building Lease Protection Act. However, according to Article 10(2) of the same Act, the lessee’s right to request renewal can only be exercised within the extent that the whole term of lease including the initial term of lease does not exceed five years. Thus, the Defendants’ assertion is without merit.
(2) The Defendants also do so.