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1. Revocation of a judgment of the first instance;
2. The Defendant shall enter from March 1, 2014 to March 1, 20120,000 won from the Plaintiff.
Reasons
1. Basic facts
A. On February 9, 2011, the Plaintiff leased each building listed in the separate sheet, which is a commercial building (hereinafter “instant building”) to the Defendant, with the lease deposit of KRW 120,000,000, monthly rent of KRW 4,300,000 (excluding value-added tax of KRW 430,000, the last day of each month), and the lease period from March 1, 201 to February 28, 2014.
B. On December 16, 2013, the Plaintiff sent to the Defendant a certificate of content that the Plaintiff had no intent to renew the said lease agreement that ends upon the expiration of the period of validity on February 28, 2014.
On December 24, 2013, the Defendant issued a written notification stating that the Plaintiff would be required to renew the said lease agreement.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1, 2, and Gap evidence 4, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, unless there are special circumstances, since the above lease contract has expired and terminated, the defendant is obligated to deliver the building of this case to the plaintiff at the same time, at the same time, after deducting the amount calculated by the ratio of KRW 4,730,00 from KRW 120,000 to KRW 120,00 as the plaintiff's request, from March 1, 2014 to the completion date of delivery of the building of this case.
3. Judgment on the defendant's assertion
A. The Defendant claimed on December 24, 2013, exercising the right to demand renewal of the above lease agreement against the Plaintiff, and the said lease agreement was renewed in accordance with Articles 2(3) and 10(1) of the Commercial Building Lease Protection Act.
(b) Appendix 2 of the relevant Acts and subordinate statutes;
C. (1) Articles 2(3) and 10(1) of the new Act apply from “a lease entered into or renewed for the first time after the enforcement of the new Act” under Article 2 of the Addenda to the new Act. We examine whether the said lease constitutes this. (2) A lease, which is described in Article 2 of the Addenda to the new Act, is subject to the application of Article 2 of the Addenda to the new Act, is after August 13, 2013, where the new Act enters into force.