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1. The Defendant shall receive KRW 30,000,000 from the Plaintiff, and at the same time, shall not be less than 378.63 square meters of the building indicated in the attached Table to the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 10, 2014, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”).
1) A party to a contract: The lease term of 341.97 square meters in a ship listed in paragraph (1) of this Article (hereinafter referred to as “instant real estate”): From December 1, 2014 to December 31, 2017: 30,000 won: The lease deposit amount of 30,000 won in a month: the management fee of 3,00,000 won in a month; 6) by December 25, 200: The electricity fee of KRW 10,000 in a month; and the water fee of KRW 10,000 in a month.
7) Cancellation of a contract: In the event that the Defendant delays the payment of rent, management expenses, and other expenses to be borne by the Defendant at least two months or more, the Plaintiff may terminate the contract without any peremptory notice. B. Around September 15, 2017, the Plaintiff notified the Defendant of the refusal to renew the instant lease contract. [Grounds for recognition: the absence of dispute, the entries in Gap’s 1 through 5, and the purport of the entire pleadings.]
2. Determination
A. According to the above facts, the instant lease contract was terminated on December 31, 2017, and the Defendant is obligated to receive KRW 30,000,000 from the Plaintiff and deliver the instant real estate to the Plaintiff, barring any special circumstance.
B. The summary of the Defendant’s defense 1) The Defendant asserts that the instant lease agreement was renewed on or around October 30, 2017 pursuant to Article 10(1) of the Commercial Building Lease Protection Act, and the Defendant demanded renewal of the instant lease agreement under the same conditions as before and after the previous period. The Plaintiff asserts that the Plaintiff may refuse the Plaintiff’s request for renewal of the contract as it constitutes an exception to Article 10(1)1 of the Commercial Building Lease Protection Act, on the ground that the Defendant was in arrears to pay the amount equivalent to the three-year rent, and that the Plaintiff may refuse the request for renewal of the contract as it constitutes a ground for exception to Article 10(1)1 of the Commercial Building Lease Protection Act.