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1. The defendant shall receive KRW 20,000,000 from the plaintiff, and at the same time, shall be the real estate stated in the attached Table to the plaintiff.
Reasons
1. Facts of recognition;
A. On February 26, 2014, the Plaintiff acquired the ownership of the building listed in the separate sheet (hereinafter “instant store”), and received KRW 15,00,000,000 from the Defendant on March 14, 2014, respectively, as to the said store between the Defendant and the Defendant, who had been operating convenience stores (C) at the said store;
B. On November 20, 2018, the Plaintiff notified the Defendant of the delivery of the said store on February 25, 2019, the expiration date, along with the intent to refuse the renewal of the said lease by content-certified mail.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8, purport of whole pleadings
2. The parties' assertion and judgment
A. According to the determination on the cause of the claim and the above recognition, the instant lease agreement was terminated on February 25, 2019 after the expiration of the period.
Therefore, the defendant is obligated to deliver the instant store to the plaintiff, except in extenuating circumstances.
B. First, the defendant's argument regarding the defendant's argument that the plaintiff's rejection of the renewal of the lease contract of this case is based on the defendant's rejection of the plaintiff's request for unfair rent increase during the period of the lease contract of this case, and the defendant suffered a significant loss due to the termination of the lease contract of this case, such as the defendant being forced to claim a penalty of KRW 108,282,902 from the convenience store owner. Thus, the defendant's argument that the plaintiff's rejection of the renewal of the lease of this case cannot be viewed as illegal
Sheet next, the defendant is in accordance with the contract of this case from the plaintiff.