건물명도(인도)
1. The defendant shall deliver to the plaintiff the building indicated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. Facts of recognition;
A. On December 9, 2016, the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with Nonparty C, the owner of the real estate listed in the separate sheet (hereinafter “instant commercial building”) to lease the instant commercial building at KRW 15,00,000 from December 22, 2016 to December 22, 2017, with the lease deposit of KRW 15,000,000, monthly rent of KRW 950,000.
Around December 2016, the Defendant moved into the instant commercial building after the floor construction of the instant commercial building, and the instant commercial building was its head office and has been running business in the instant commercial building until now.
B. On August 3, 2017, the Plaintiff purchased the instant commercial building from C, and completed the registration of ownership transfer on August 16, 2017.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of determination as to the cause of the claim, the instant lease contract was terminated on December 22, 2017, and thus, the Defendant is obligated to deliver the instant commercial building to the Plaintiff.
B. The Defendant asserts that since the Defendant demanded the Plaintiff to renew the instant lease agreement, the instant lease agreement is renewed and still remains valid.
Article 10(1) of the Commercial Building Lease Protection Act provides that a lessor may not refuse a request for the renewal of a contract between six months and one month before the expiration of the lease term without justifiable grounds. However, it is insufficient to recognize that the Defendant requested the Plaintiff to renew the contract by November 23, 2017, which is one month before the lease term expires, only with the descriptions of the evidence Nos. 1 and 2.
According to the recording record submitted by the defendant, the defendant's principal intention was to deliver the commercial building of this case when paying director's expenses, etc.