점포명도등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. On April 28, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant to lease real estate as indicated in the attached Form (hereinafter “instant real estate”) with the lease deposit amounting to KRW 150 million, KRW 600,000 per month, and KRW 500,000 per month, from May 5, 2012 to May 5, 2014 (hereinafter “instant lease agreement”).
B. On July 9, 2013, the Plaintiff sent a content-certified mail demanding the Defendant to deliver the instant real estate after the termination of the instant lease agreement, and the mail was served to the Defendant around that time.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings
2. According to the facts found in the judgment on the cause of the claim, since the instant lease contract expired on May 5, 2014, the Defendant is obligated to deliver the instant real estate to the Plaintiff.
3. Judgment on the defense
A. The Defendant’s assertion that the contract renewal defense was renewed under the same condition as that of the transfer under the main sentence of Article 10(3) of the Commercial Building Lease Protection Act, since the Defendant demanded the Plaintiff to renew the contract pursuant to Articles 2(3) and 10(1) of the same Act.
(2) (A) According to each of the statements in evidence Nos. 5 and 6, the existence of the Defendant’s right to request renewal of the contract at the time of the instant lease agreement, the Defendant’s request for renewal of the instant lease, sent to the Plaintiff on February 14, 2014, is recognized as having reached the Plaintiff on February 17, 2014.
However, according to the proviso of Article 2(1) of the former Commercial Building Lease Protection Act (amended by Act No. 12042, Aug. 13, 2013; hereinafter “former Act”) and Article 2(1)1 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 25036, Dec. 30, 2013; hereinafter “Enforcement Decree”), the amount of security deposit exceeds KRW 300 million in Seoul Special Metropolitan City.