건물명도 등
1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Determination as to the cause of claim
A. The following facts are acknowledged as a whole by taking into account each entry in Gap evidence 1 and Gap evidence 2-1 to 5, without dispute between the parties, or as a whole the purport of the entire pleadings:
1) On October 31, 2007, the Defendants, as married couple’s doctors, enter into a lease agreement with the Plaintiffs on the terms of KRW 350,00,000,000,000,000,000, monthly rent, KRW 33855,000,000, and the term of lease from December 1, 2007 (hereinafter “the first lease agreement”).
After the conclusion of the contract, from December 1, 2007, the elderly convalescent hospital was operated with the trade name “F” in the above leased part. 2) The Defendants subsequently leased the remainder of the five floors and the first underground floor from the Plaintiffs in sequence, and subsequently renewed the first lease contract on three occasions in order to re-establish the deposit and the difference. In the last renewed lease contract on February 16, 2012 (hereinafter “instant lease contract”), the leased object was the instant building, the deposit amount of the instant building, the deposit amount of KRW 430 million, and the rent amount of KRW 50 million from March 1, 2012 to November 30, 2012.
B. According to the above facts, the instant lease contract was terminated on November 30, 2012, barring any special circumstance, and thus, the Defendants are obligated to deliver the instant building to the Plaintiffs.
2. Whether the instant lease contract has been renewed
A. 1) The Defendants’ assertion: (a) the instant lease agreement was renewed for two years from December 1, 2012 according to the Defendants’ declaration of intent to renew the contract under the special terms and conditions on the renewal of the lease; (b) thus, the Plaintiffs’ claim for extradition cannot be complied with.
B. The plaintiffs' assertion: The purport of the special clause on the renewal of the contract of this case is that the contract of this case can be renewed only when there is an agreement between the parties.