beta
Text
1. The defendant shall deliver 237.525 square meters of the building in the attached list from the plaintiff to the plaintiff at the same time. 20,000.
Reasons
1. The facts following the facts of recognition are recognized as either a dispute between the parties or in full view of Gap evidence Nos. 1 to 4, Eul evidence No. 1 and 2, and the purport of the entire pleadings.
A. On January 20, 2016, the Plaintiff entered into a lease agreement between C and C, the owner of the building listed in the separate sheet, under which the Plaintiff leased KRW 20,000,000 of the second floor among the buildings listed in the separate sheet (hereinafter “instant building”) to lease KRW 24 months from the delivery date of the instant building, monthly rent of KRW 90,000 (hereinafter “instant lease agreement”). On the same day, the Plaintiff paid KRW 20,000,000 to C at the same time as the delivery date of the instant building. After completing business registration under the Value-Added Tax Act on February 25, 2016, the Plaintiff is running a singing practice room business in the instant building.
B. On February 26, 2016, the Defendant purchased the attached list building from C and succeeded to the lessor status under the instant lease agreement after completing the registration of ownership transfer on June 29, 2016.
C. On October 23, 2016, the Plaintiff entered into a premium contract under which D is to be paid KRW 60,000,000 as premium from D (hereinafter “instant premium contract”) between D and D as a new lessee of the instant building, and received KRW 8,00,000,000 as the down payment for the instant premium contract until October 25, 2016.
After the lapse of the above period, the plaintiff expressed his intention to arrange D as a new lessee to the defendant. However, the defendant argued that the contract or renewal should not be made in case the lease contract of this case is terminated due to the scheduled removal of the attached list building including the building of this case and the scheduled reconstruction will be completed.
E. Accordingly, the Plaintiff notified D that the instant premium contract will be terminated while returning the said KRW 8,00,000 to D.