건물명도(인도)
1. From 20,00,000 to 20,000 won, the Defendant stated “the indication of attached real estate” from November 30, 2017.
1. Basic facts
A. On April 22, 2010, the Defendant entered into and renewed the instant lease agreement and the attached Form “Real Estate Indication” (hereinafter “instant building”) with the Defendant, with respect to the first floor, a lease agreement with a deposit of KRW 20 million, KRW 500,000 per month, KRW 500,000 per month, and the period from April 22, 2010 to April 21, 2012 (hereinafter “instant lease agreement”), and the Defendant runs real estate brokerage business at any time thereafter.
B. The Plaintiffs, such as the acquisition of the Plaintiffs’ ownership, purchased shares of 1/2 of the instant building from D and E, and completed the registration of transfer of shares of 1/2 of the said building on November 30, 2017.
Meanwhile, from November 30, 2017 to November 30, 2017, the Defendant did not pay a rent based on the instant lease agreement.
C. On December 16, 2017, the Plaintiffs: (a) demanded the Defendant to increase the number of vehicles under the instant lease agreement from April 21, 2018 to KRW 650,000 per month; and (b) the Defendant rejected the request.
On January 9, 2018, Plaintiff A sent a content-certified mail notifying the Defendant of the delivery of the first floor of the instant building by April 21, 2018, and the said content-certified mail sent to the Defendant following the following day.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. According to Article 10(4) of the Commercial Building Lease Protection Act, if a lessor fails to notify a lessee of his/her refusal to renew or to notify the lessee of the change of the terms and conditions at least one month before the expiration of the lease term, the lease shall be deemed to have been renewed under the same conditions as the former lease at the expiration of the lease term. In such cases, the lease term shall be deemed one year.
Ultimately, according to the facts found earlier, the instant lease agreement has been repeatedly renewed on April 22, 2017, and the last implied renewal was made until April 21, 2018.