건물명도
The Defendant-Counterclaim Plaintiff’s appeal is dismissed.
Expenses for appeal shall be borne by the Defendant (Counterclaim Plaintiff).
purport, purport, and.
1. On June 20, 2014, the Plaintiff leased the instant building to the Defendant with a view to raising 10% of the rent at the time of renewal (Article 6 of the Special Agreement) from June 30, 2014 to June 30, 2014 (Provided, That the period of business shall be guaranteed, five years, and one year shall be extended on the same condition if the Plaintiff did not express his/her intent to modify the conditions in writing two months before the expiration of the period), deposit 10 million won per annum, annual rent 12 million won, and annual rent at the time of renewal (Article 6 of the Special Agreement).
(hereinafter “Lease”). From that time, the Defendant is operating convenience points in the building of this case.
The Defendant paid to the Plaintiff KRW 12 million each annual rent in 2014 and 2015, KRW 200,000 each of the annual rent in 2016, KRW 2017, and KRW 13.2 million each, increased by 10% in 2018, KRW 15,972,00 each, respectively.
On April 11, 2019, the Plaintiff sent to the Defendant a certificate that “I wish to directly rent the instant building without any further lease, and I wish to directly use and benefit from the instant building, as soon as the instant lease ends on June 29, 2019.”
Accordingly, on April 17, 2019, the Defendant sent to the Plaintiff a certificate of content that “The Defendant would conclude a premium contract with a new lessee pursuant to the Commercial Building Lease Protection Act, so that it would have agreed to enter into a lease contract with a new lessee arranged by the Defendant.” On May 9, 2019, the Defendant concluded a premium contract of KRW 150 million between C and C, and sent a certificate of content that the Plaintiff would enter into a lease contract with C on June 3, 2019.
On June 2019, the Plaintiff presented to C a deposit of KRW 30 million, annual rent of KRW 45 million, as a condition to enter into a new lease agreement, and C refused this.
In the process of negotiations related to the renewal of lease between the Plaintiff and the Defendant, the Defendant requested the Plaintiff to reduce the deposit amount, and the Plaintiff demanded the Defendant to pay a deposit of KRW 30 million per annum and KRW 30 million per annum on July 2019.
[Ground of recognition] Unsatisfy, Gap evidence 1, 2-2, 3-2, 4, 5, and 5.