건물명도
1. The defendant shall state to the plaintiff the indication of the drawings on the 1st floor of the building in the attached list as shown in the attached list Ga, b, c, d, f, and Ga.
1. Facts of recognition;
A. On May 7, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the term “rental deposit KRW 40 million” and “the term of lease from June 25, 2013 to June 24, 2015,” which read that the part on the ship (hereinafter “instant real estate”) that connects each point of the attached Table No. 1 floor to the Defendant, as indicated in the attached Table No. 1 floor No. 1 to the Defendant (hereinafter “instant lease agreement”).
B. Since then, on June 15, 2015, the Defendant agreed to extend the instant lease agreement for two years. Accordingly, the period of the instant lease agreement was extended on June 24, 2017.
[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 4 evidence, the purport of the whole pleadings
2. The parties' assertion and judgment
A. (1) The Plaintiff around May 20, 2017 notified the Defendant of the rejection of renewal, and the instant lease agreement was terminated as of June 24, 2017, and even if the contract was not terminated due to the expiration of the family term, the Defendant, at the Plaintiff’s request on June 22, 2017, notified the account number to receive money from another place as the down payment that the lease contract was concluded, and the instant lease agreement was concluded.
Therefore, the defendant should deliver the real estate of this case to the plaintiff.
(2) Defendant was not notified by the Plaintiff of the refusal of renewal on May 20, 2017, and the Plaintiff was informed of the delivery of the account number and did not agree on the instant lease agreement.
B. (1) Determination on the primary argument is examined, and according to Article 6(1) of the Housing Lease Protection Act, if a lessor does not want to renew a contract, he/she must notify the lessee of the refusal of renewal within the period from six months to one month before the expiration of the lease term, and if not, he/she shall be deemed to have renewed the lease under the same conditions as the former lease at the expiration of the lease term.