건물명도(인도)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. A. Around February 2015, the Plaintiff entered into the lease agreement with the Defendant on the part A of the attached Form Nos. 107.11m2, (a), (b), (c), (d) and (a), which successively connects each point of the real estate listed in the attached Form List No. 107.11m2, (a) (b), (c), (d), and (a) with each point of the following: (a) part B of the ship connecting each point in sequence 113.39m2, (a), (b), (c), (d), and (a) with the Defendant (hereinafter “the instant building”); (b) the lease agreement was extended by up to 20,00,000, monthly rent 1,200,000, and from April 30, 2015 to April 29, 2016 (hereinafter “the lease agreement”).
B. On February 2, 2017, the Plaintiff sent to the Defendant a certificate to the effect that “The Plaintiff cannot renew the instant lease agreement due to personal circumstances, so that it may not transfer the leased object to April 29, 2017, which is the expiration date of the lease agreement,” and the Defendant notified the Defendant of the request for renewal of the instant lease agreement five times from February 6, 2017 to June 23, 2017.
C. The Defendant is operating a restaurant from the leased object of this case.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 (including each number), the purport of the whole pleadings
2. The parties' assertion
A. Since the Plaintiff’s assertion is likely to occur due to the deterioration of the instant building and leakage of underground floors, it is necessary to reconstruct the instant building after demolishing it, and the Plaintiff’s default payment and principal and interest payment should be resolved through the sale of new building.
Therefore, since the grounds for Article 10(1)7 (b) and the latter part of Article 10(1)7 (b) and (1)8 of the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”) exist, the Defendant delivers the leased object to the Plaintiff, and the following day after the lease term expires.