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1. The defendant is paid KRW 460,000,000 from the plaintiff and at the same time, among the real estate listed in the attached Table to the plaintiff.
Reasons
1. 기초 사실 원고는 별지 목록 기재 부동산(이하, ‘이 사건 병원’이라고 한다)의 임차인인데 2014. 12. 15. 피고에게 위 건물의 1층 중 별지 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을 차례로 잇는 선내 ㉮ 부분 29.11㎡(이하, ‘이 사건 약국’이라고 한다)를 보증금 4억6천만 원, 존속기간 2017. 2. 8.까지로 정하여 피고에게 전차(이하, ‘이 사건 전대차’라고 한다)하였다.
[Ground for recognition] Unsatisfy, Gap evidence 1
2. The parties' assertion;
A. Since the sub-lease of the Plaintiff’s assertion has expired, the Defendant must deliver the instant pharmacy to the Plaintiff.
B. Defendant’s assertion - The Defendant demanded the Plaintiff to renew the contract from around December 2016, six months before the expiration of the re-lease period of this case, which was one month prior to the expiration of the sub-lease period.
Therefore, since the sub-lease contract of this case has been renewed under the Commercial Building Lease Protection Act, the plaintiff's claim is without merit.
Even if the sub-lease contract of this case has expired due to the expiration of the period, the defendant is obligated to deliver the pharmacy of this case at the same time with the payment of deposit of KRW 460 million from the plaintiff.
3. Determination
A. The main text of Article 10(1) of the Commercial Building Lease Protection Act provides that “If a lessee requests the renewal of a contract between six months and one month before the expiration of the lease term, the lessee shall not refuse it without justifiable grounds.” The above provision also applies to the sub-lease relationship (Article 13(1) of the Commercial Building Lease Protection Act). The Defendant asserts that the contract renewal is required from around December, 2016, within the period for which the contract renewal is required pursuant to the above provision. Based on the main text, the Defendant asserts that the contract renewal is required from around December, 2016, the first floor of the hospital of this case operated by the Plaintiff to operate the pharmacy of this case.