Text
1. The defendant is a reinforced concrete structure of Eunpyeong-gu Seoul Metropolitan Government (Road Name Address, Eunpyeong-gu Seoul Metropolitan Government D) ground.
Reasons
1. On October 25, 2006, the Plaintiff (leased) and the Defendant (Lessee) concluded a lease agreement (hereinafter “instant lease agreement”) with a fixed term of five years for the lease on the three-story detached housing (three-story households) of the ground reinforced concrete structure (refinite) roof C [Road Name Address, Seoul Eunpyeong-gu D], and the ground reinforced concrete structure (refinite) and multi-household 54.82 square meters (hereinafter “instant store”) for the three-story detached housing (three-households”), and the implied renewal has been continued after the expiration of the lease term of the said five-year period.
On June 30, 2014, the Plaintiff did not want a more implied renewal to the Defendant, but want to terminate the contract. As such, the Plaintiff sent a certificate of content demanding the delivery of the instant store by the expiration date of the renewed period ( October 25, 2014) and reached the Defendant around that time.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, the whole purport of pleading
2. According to the judgment of the court below, the instant lease contract was extended by implied renewal on October 25, 201, October 25, 2012, October 25, 2012, and October 25, 2013, and the instant lease contract, which was implicitly renewed on October 25, 2013, was terminated due to the expiration of the period of October 25, 2014.
(1) On October 25, 201, the Defendant, upon the expiration of the five-year contract period, automatically extended the instant lease contract to the Plaintiff on October 25, 201. In such a case, the contract period is five years, and the contract period expires on October 25, 2016. Thus, the instant claim is alleged to be unjustifiable on the ground that the lease contract has not yet been terminated. However, the claim is alleged to be inconsistent with Article 10(4) of the Commercial Building Lease Protection Act, which is the assertion that it is inconsistent with Article 10(4) of the Commercial Building Lease Protection Act, and the period of implied renewal is one year in the case of implied renewal. Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff as a contractual obligation upon the termination of the instant lease contract