건물명도
1. The defendant is paid KRW 80,000,000 from the plaintiff, and at the same time, the third floor of the building listed in the attached Table 1 to the plaintiff.
1. Determination as to the cause of claim
A. The defendant on March 13, 2008 (hereinafter "the building of this case") is a building listed in the attached Table 1 list (hereinafter "the building of this case").
3) Of the building of this case by the previous owner C, etc., the remainder (hereinafter “instant commercial building”) excluding the third floor as indicated in paragraph (1) of the order.
(1) The term of lease of 80 million won, 5.5 million won per month, and 5.5 million won per month, and the term of lease of 80 million won from March 13, 2008 to March 13, 2011 (hereinafter “instant lease agreement”).
(2) On March 13, 2011, and March 13, 2013, the instant commercial building was handed over after paying a deposit of KRW 80 million. (2) While the instant lease contract was implicitly renewed on two occasions, the Plaintiff decided to succeed to the lessor status of the instant lease contract while purchasing the instant building on April 8, 2014, and completed the registration of ownership transfer on the instant building on April 15, 2014.
3) On October 15, 2014 and November 11, 2014, which was three months before the termination date of the instant lease agreement, the Plaintiff sent to the Defendant a certificate of the content that the Plaintiff refused to renew the instant lease agreement. 4) The Defendant occupied the part as stated in Paragraph 1 of the disposition, including the instant commercial building, by the closing date of argument.
[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 5, and 8 (including partial numbers, hereinafter the same shall apply) and the purport of the whole pleadings
B. According to the above facts, since the lease contract of this case was terminated upon the expiration of the term, the defendant is obligated to deliver the part as stated in Paragraph (1) of this case of the building of this case (excluding the commercial building of this case) to the plaintiff at the same time with the return of the lease deposit amount of KRW 80 million from the plaintiff.
2. The judgment on the Defendant’s assertion is based on the following: (a) the Defendant leased the building in the instant case and then totaled KRW 917,525 due to electricity, fire-fighting, water supply and remodelling works, etc.