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1. The defendant's ground C in Changwon-si, Changwon-si, the plaintiff
(a) Class II of the brick structure or other roof;
Reasons
1. On January 23, 2013, the Plaintiff leased the building specified in Paragraph (1) of the Disposition (hereinafter “instant restaurant”) owned by the Plaintiff to the Defendant by setting the lease deposit amount of KRW 50 million, monthly rent of KRW 4.5 million, and the lease term from January 31, 2013 to January 31, 2016.
(hereinafter “instant lease agreement”). 【No dispute exists, entry in evidence A Nos. 1 and 2 and the purport of the whole pleadings.”
2. According to the above facts of recognition as to the cause of the claim, since the instant lease contract was terminated on January 31, 2016, the Defendant is obligated to deliver the instant restaurant to the Plaintiff, who is a lessor and ownership of the instant restaurant, as the Plaintiff.
3. As to the defense
A. The Defendant continued to use and benefit from the instant restaurant even after the expiration of the lease term on January 31, 2016, and notified the Plaintiff, a lessor, of the termination at the time of August 17, 2016, which was after the expiration of the lease term. As such, the Defendant’s defense that the instant lease contract was implicitly renewed in accordance with Article 639(1) of the Civil Act on January 31, 2016.
On January 23, 2013, at the time of the conclusion of the instant lease agreement, the Plaintiff expressed his/her intent not to renew the lease agreement to the Defendant on or after January 31, 2016. On or around November 19, 2015, the Plaintiff visited the instant restaurant and expressed his/her intent not to renew the lease agreement, and even after the lease term expires on or before January 31, 2016, notified the Defendant that the instant lease term expires by no later than February 17, 2016, and demanded the Defendant to deliver the instant restaurant by June 30, 2016. Thus, the instant lease agreement was terminated without implied renewal on or after January 31, 2016.
B. Therefore, Article 639(1) of the Civil Code provides that the lessee shall continue to use the leased object after the term of lease expires.