Text
1. The Defendants jointly deliver to the Plaintiff one story of 36.59 square meters among the buildings listed in the separate sheet.
2. The costs of lawsuit shall be.
Reasons
1. On November 20, 2016, the Plaintiff, the owner of the building indicated in the attached list of the facts of recognition, leased to Defendant B a deposit of KRW 10,00,000,00, monthly rent of KRW 400,000, monthly rent of KRW 400,000, and November 19, 2017, the period of which was determined and leased to Defendant B the same.
(The name of the lessee of the lease contract under the agreement between the parties concerned was Defendant C). The Defendants have operated their business in the building area of this case thereafter.
[Reasons for Recognition: Facts without dispute, Gap 1 and 3 evidence, purport of the whole pleadings]
2. As the above lease agreement as to the cause of the claim terminates on November 19, 2017 with the expiration date, the Defendants are jointly obligated to deliver the part of the instant building to the Plaintiff.
3. Judgment on the defendants' assertion
A. Defendant B’s assertion that the Defendants asserted that the lease agreement was renewed by demanding the Plaintiff to renew the lease agreement in writing with Nos. 5 and 6, and the Defendants cannot comply with the Plaintiff’s request.
B. The lessee of a commercial building may request the renewal of the contract between six months and one month before the expiration of the term of lease.
(Article 10(1) of the Commercial Building Lease Protection Act (Article 10(1). However, since the certificate Nos. 5 and 6 is written notification from February 8, 2019 to September 20, 2019 and the above term of lease expires to be notified from June 19, 2017 to one month before the said term of lease, it cannot be deemed that the lease was renewed by the above notification.
Even if the above lease agreement was implicitly renewed on November 19, 2017 (see the main sentence of Article 639(1) of the Civil Act), the Plaintiff notified the termination of the lease by displaying documents with Gap evidence No. 4 around January 30, 2019. Thus, the said lease agreement became effective on July 30, 2019 when six months elapsed from the said date.
(See Articles 639(1) proviso and 635(1) and (2)1 of the Civil Act. The Defendants’ assertion is without merit.
4. The plaintiff's claim for conclusion is with merit.