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1. The Defendant shall deliver to the Plaintiff the first floor retail store of 108.17 square meters among the real estate listed in the attached list.
2. The costs of lawsuit shall be.
Reasons
1. Determination as to the cause of claim
A. 1) The Defendant’s mother, the Defendant’s mother, is the 1st floor retail store of 108.17 square meters (hereinafter “instant building”) among the real estate listed in the attached Form List, which was owned by D.
(2) From around April 22, 2015, the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with the former lessor D and the instant building on April 22, 2014 by setting the lease deposit amount of KRW 10,000,000, monthly rent of KRW 250,000 (pre-payment of KRW 3,00,000) and the lease period of KRW 12 months until April 22, 2015.
At the time of the conclusion of the above lease, the lessee could not claim for the premium to the lessor, and the lessor determined to transfer it to the lessor when the lessor requires the permission to engage in food service when the lease contract is terminated.
3) The Plaintiff purchased the instant building on January 20, 2015, and completed the registration of ownership transfer on March 20, 2015. The Plaintiff succeeded to the lessor’s status under the instant lease agreement that D entered into with the Defendant. The Plaintiff did not notify the Defendant of the refusal to renew the lease thereafter, and the instant lease agreement was extended until April 22, 2016 pursuant to Article 10(4) of the Commercial Building Lease Protection Act. (iv) The Plaintiff notified the Defendant of the purport that the lease contract will not be extended again by mail after the extended lease term expires, on May 27, 2015, prior to the expiration of the extended lease term.
5) The Defendant did not notify the Plaintiff of the request for renewal of the instant lease agreement during the period from six months to one month before the expiration of the lease term, which is the period for exercising the right to request renewal under Article 10(1) of the Commercial Building Lease Protection Act ( April 22, 2016).