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1. The defendant is against the plaintiffs:
(a) Of the first floor of the building listed in the separate sheet, each point is indicated in the separate sheet No. 2, 3, 4, 5, and 2.
Reasons
1. Basic facts
A. On January 28, 2010, the Defendant leased from D, the former owner of the building indicated in the attached Form No. 2, 3, 4, 5, and 2, the part inside the line connected in order to each point of the attached Form No. 2, 3, 4, 5, and 2 (hereinafter “instant store”).
The lease deposit shall be KRW 10 million, monthly rent shall be KRW 1 million, and the lease term shall be from January 28, 2010 to January 28, 2015.
At that time, the Defendant received delivery of the instant store and operated the restaurant with the trade name called E.
B. The lease agreement between D and the Defendant regarding the instant store was explicitly renewed on January 28, 2015.
C. The Plaintiffs concluded a sales contract with D to purchase an attached building on August 5, 2015, and received the registration of the transfer of ownership on September 21, 2015.
[Ground for recognition] Unsatisfy
2. The lease agreement between D and the Defendant on the instant store was explicitly renewed on or around January 28, 2015 and extended to January 28, 2016 pursuant to Article 10(4) of the Commercial Building Lease Protection Act. The fact that the Plaintiffs succeeded to the status of lessor of the instant store from D does not conflict between the parties.
However, according to the statement No. 3-1, the plaintiffs expressed their intent to refuse the renewal of the lease agreement with respect to the store of this case on October 16, 2015 and recognized the fact that postal items with the declaration of intention reached the defendant at that time, and there is no counter-proof.
Furthermore, there is no dispute over the fact that the Defendant was in arrears from February 29, 2016, and the fact that the Plaintiff’s legal representative expressed his/her intent to terminate the lease agreement to the Defendant on June 10, 2016 on the date for pleading as above is obvious in the record.
Therefore, the lease contract for the store of this case is the expiration date of January 28, 2016, and even if it is not, at least 3 months on June 10, 2016.