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1. The defendant
(a) Class II: C, 2, 3,00 square meters above C, 293 square meters above ground in Chungcheongnam-si; and
Reasons
1. Basic facts
A. On August 22, 2012, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 2,000,000, monthly rent of KRW 400,000, and the lease term from August 22, 2012 to August 22, 2015.
B. On the instant land, the Defendant newly constructed a general restaurant of 136.92 square meters (hereinafter referred to as “instant building”) of Class II neighborhood living facilities of one story of lightweight structure, steel structure, and other branch roof, and completed registration of preservation of ownership on November 6, 2012.
C. On the other hand, the Plaintiff filed a lawsuit against the Defendant for the removal of buildings and the claim for delivery of land with the Chungcheong District Court 2014Kadan2481, and on May 20, 2014, the conciliation was concluded with the purport that “the Defendant shall pay the Plaintiff the overdue rent, and if the payment of the rent is not delayed, the Plaintiff will renew the said lease term after the termination of the said lease term for three years, and the Defendant shall not demand the Plaintiff to sell the instant land during the existence of the lease contract or the renewal contract.”
The Defendant paid only rent to the Plaintiff by April 22, 2015, and thereafter, did not pay the rent.
In addition, on July 22, 2015, prior to the expiration of the above lease term, the Plaintiff confirmed the Defendant’s intent to renew the contract, but the Defendant sent a certificate to the effect that the Defendant did not have an intent to renew the contract.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 3, and the purport of the whole pleadings
2. According to the above facts, since the lease contract between the plaintiff and the defendant is terminated, the defendant is obligated to remove the building of this case and deliver the land of this case to the plaintiff.
In addition, the defendant is 400,000 won per month from April 23, 2015, which is the day following the date of the last payment to the time the delivery of the land in this case is completed.