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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...
Reasons
1. Basic facts
A. On October 16, 2012, the Plaintiff entered into a contract with the Defendant on the lease deposit amounting to KRW 10,000,000, monthly renting KRW 550,000, and the lease period from October 31, 2012 to October 31, 204 to lease to the Defendant.
(hereinafter “instant lease agreement”). B.
The defendant has been operating a real estate brokerage office while occupying the building of this case until now.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. According to the above findings of the determination on the cause of the claim, the instant lease contract was terminated upon the expiration of the period.
Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.
3. Judgment on the defendant's assertion
A. As to the claim for renewal of the lease agreement, the Defendant asserted that the Plaintiff did not have the obligation to deliver the instant building to the Plaintiff, as the instant lease agreement was renewed by demanding the renewal of the contract pursuant to Article 10 of the Commercial Building Lease Protection Act, and that the Plaintiff may refuse the Defendant’s request for renewal since the instant building should be reconstructed after aging.
In order for a lessee to request the renewal of a contract under Article 10 of the Commercial Building Lease Protection Act, the lessee shall demand the renewal of the contract between six months and one month before the expiration of the lease term. There is no evidence to prove that the Defendant requested the renewal of the contract between the said period. Furthermore, pursuant to Article 10(1)6 of the former Commercial Building Lease Protection Act (wholly amended by Act No. 10580, Apr. 12, 201) which applies to the lease agreement of this case, the lessor needs to recover possession of the building for the purpose of removing or rebuilding all or part of the leased building.