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Reasons
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(영문) 부산지방법원 2020.12.24 2019가단312995
건물명도(인도)
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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On January 20, 2017, the Plaintiffs leased to the Defendant a deposit of KRW 10,000,000 per deposit, KRW 1,100,000 per month, and the period from January 20, 2017 to June 30, 2018. On June 30, 2018, the Plaintiffs leased to the Defendant the foregoing (A) portion to KRW 10,50,000, KRW 15,000 per month, and the period from June 30, 2018, from June 30, 2018 to June 30, 2019.

B. On March 18, 2019, the Defendant notified the Plaintiffs of the purport to demand the renewal of the contract.

[Ground of recognition] Facts without dispute, Gap 2, 3, 7 evidence, the purport of the whole pleadings

2. The Defendant’s right to demand renewal of the contract by the Plaintiffs can only be exercised to the extent that the entire term of lease including the initial term of lease does not exceed five years pursuant to Article 10(2) of the Commercial Building Lease Protection Act (Amended by Act No. 15791, Oct. 16, 2018).

However, the lease agreement between the plaintiffs and the defendant on January 20, 2017 is succeeded to the existing lease agreement between the plaintiffs and E, and if the existing lease term is added up, the whole lease term exceeds five years. Thus, the defendant cannot exercise the right to request renewal of the contract.

Therefore, since the lease contract between the plaintiffs and the defendant has expired on June 30, 2019, the defendant is obligated to pay the plaintiffs the remaining money after deducting the difference calculated by the rate of KRW 1,15,000 from KRW 10,50,000 to KRW 1,55,00 per month from July 1, 2019 to the completion date of delivery of the above part.

3. The fact that the FF leased the foregoing (A) portion to E on November 19, 2013, KRW 10,000,000 per deposit, KRW 1,100,00 per month of rent (excluding value-added tax), and the period from February 1, 2014 to January 31, 2018. The fact that the Plaintiffs succeeded to the FF lessor’s status as a result of the Plaintiffs’ acquisition of ownership of the building listed in the attached list on August 4, 2015.

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