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1. The defendant shall receive KRW 65,000,000 from the plaintiff, and at the same time, shall be attached to the land above 330 square meters in Si-si, Si-si.
Reasons
1. Basic facts
A. On April 7, 201, the Plaintiff, who owns the instant building, concluded a lease agreement with the Defendant (hereinafter “instant lease agreement”) by setting the lease deposit of KRW 65 million with respect to the said building, KRW 3.8 million per month, and KRW 3.8 million per month from April 22, 2011, and agreed to adjust the lease agreement (hereinafter “instant lease agreement”) on a two-year basis.
B. On the other hand, on March 22, 2011, the Defendant entered into a real estate right transfer contract with D, who was a lessee of the instant building, by setting the premium as KRW 250 million. After entering into the instant lease contract with the Plaintiff, the Defendant is operating a sports clothes store with the trade name “E” in the said building.
C. On April 22, 2013, the Plaintiff and the Defendant agreed to adjust the rent into two years under the instant lease agreement, and entered into a lease agreement (hereinafter “the first renewal agreement of this case”) with a period of 24 months from April 21, 2015, specifying the terms and conditions of the lease deposit of KRW 65 million, monthly rent of KRW 400,000 (excluding value-added tax), and the term of the lease of this case until April 21, 2015, the Plaintiff and the Defendant agreed to renew the lease agreement by mutual consultation within 15% from the lease term to the two years. The lease term of March 11, 2015 from April 22, 2015 to March 10, 2016, the Defendant agreed to renew the lease agreement with the first renewal of the lease term of at least 25% from April 25, 2016 to the second renewal of the lease term of this case (hereinafter “the lease term of this case”).
On December 22, 2015, the Plaintiff sent to the Defendant a document that the Plaintiff had no intention to renew the lease agreement by content-certified mail.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including evidence attached with serial numbers), Eul evidence Nos. 1 through 3, and the purport of the whole pleadings.