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1. The defendant is paid KRW 150,000,000 from the plaintiff and at the same time, among the three floors of the building indicated in the attached Table to the plaintiff.
Reasons
1. Basic facts
A. On November 5, 2007, the Plaintiff: (a) attached Table 1, 2, 3, 4, 5, 6, and 1 among the three floors of the building indicated in the attached list, the lease deposit amount of KRW 50 million; (b) monthly rent of KRW 4 million; and (c) the period of lease of KRW 24 months from November 5, 2007 to November 4, 2009; and (d) leased the building for five years.
B. On January 1, 2012, after the lapse of five years from the period of business guarantee of the above lease agreement, the Plaintiff leased the instant building again by setting the lease deposit of KRW 150 million to the Defendant, KRW 3 million per month rent, and KRW 2 million from January 1, 2012 to December 31, 2013.
C. On December 31, 2013, when the lease term of the above lease term expires, the Plaintiff re-leased the instant building to the Defendant by setting the lease deposit of KRW 150 million, monthly rent of KRW 3 million, and the lease term of KRW 2 years from January 1, 2014 to December 31, 2015.
(hereinafter referred to as "the instant lease agreement") d.
Under the instant lease agreement, the Defendant paid the Plaintiff KRW 150,000 to the KRW 150,000,000 as the deposit for lease, and runs the reading room in the instant building.
E. On November 26, 2015, the Plaintiff notified the Defendant of his refusal to renew the instant lease by content-certified mail pursuant to Article 10(2) of the Commercial Building Lease Protection Act, and sought delivery of the instant building after December 31, 2015, which is the expiration date of the lease period. However, the Defendant did not deliver the instant building.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, the instant lease contract was terminated on December 31, 2015, the term of lease, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff, barring any special circumstances.
However, the Defendant’s instant case is against the Plaintiff.