건물명도(인도)
1. The defendant delivers the first floor and the second floor among the buildings listed in the attached list to the plaintiffs, and the above from December 1, 2017.
1. On December 31, 2015, E concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the first floor and underground floors among the buildings listed in the separate sheet (hereinafter “instant building”) with the Defendant, setting the lease deposit amount of KRW 30 million, KRW 4.62 million per month, KRW 4.2 million per rent (including value-added tax), and from December 31, 2015 to December 24, 2015.
The Defendant received delivery of the instant building from the Plaintiff in accordance with the instant lease agreement, and has been using and gaining profits therefrom until now.
Meanwhile, following the death of E on October 6, 2017, the Plaintiffs, who were the successors of E, succeeded to the status of lessors under the instant lease agreement.
[Ground of recognition] The lease contract of this case was terminated on December 31, 2017, according to the fact that there was no dispute, Gap 1 and 2 evidence, and the purport of the whole pleading.
Therefore, barring any special circumstance, the defendant is obligated to deliver the building of this case to the plaintiffs, and pay the fees from December 1, 2017 to the completion date of delivery of the building of this case, calculated by the ratio of KRW 4.620,00 per month from December 1, 2017 to the completion date of delivery of the building of this case.
2. Judgment on the defendant's assertion
A. First of all, the defendant alleged that he agreed to guarantee the lease term continuously at the time of the instant lease contract, but there is no evidence to acknowledge it differently, since it does not specify the same agreement in the instant lease contract (Evidence A 1). Therefore, this part of the defendant's assertion is without merit.
B. Next, the Defendant asserts that the instant lease contract was implicitly renewed by failing to notify the Defendant of the refusal to renew one month prior to the expiration of the lease term of this case.
However, according to the statements of Gap evidence Nos. 3-1, 2, and 4-1 and 2, the plaintiff C did not renew the contract to the defendant on November 2, 2017.