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1. The defendant shall receive KRW 240,000,000 from the plaintiff, and at the same time, shall be the real estate stated in the attached Form to the plaintiff.
Reasons
1. Facts of recognition;
A. On March 19, 2008, the Plaintiff leased the real estate (hereinafter “instant building”) in attached Form (hereinafter “instant building”) to the Defendant from March 24, 2008 to March 23, 2012; and the lease deposit amount was KRW 240,000,000.
B. On March 19, 2008, the Plaintiff entered into a mortgage agreement with the Defendant to secure the repayment obligation of the deposit for lease against the Defendant with the maximum debt amount of KRW 288,00,000,00. On the following day, the Plaintiff completed the registration of the establishment of a neighboring mortgage as Seoul Northern District Court No. 32431, Mar. 20, 2008 regarding the entire building of this case as to the entire building of this case.
C. On March 21, 2012, the Plaintiff and the Defendant agreed to amend the instant lease agreement by March 23, 2013. On March 22, 2013, the Plaintiff and the Defendant agreed to extend the instant lease agreement by March 23, 2014.
The instant lease agreement was explicitly renewed after September 25, 2015, and the Plaintiff notified the Defendant of the termination of the instant lease agreement on or around September 25, 2015, and the said notification reached the Defendant on or around September 30, 2015.
[Grounds for Recognition: Evidence No. 1-1, 2, and 3-1, Evidence No. 1-3, each entry of Evidence No. 1-3, and the purport of whole pleadings]
2. Determination
A. According to Articles 635 and 639 of the Civil Act, if a lease contract is implicitly renewed, the lessor may notify the termination and take effect at the expiration of six months from the date of the notification of termination. According to the above facts, the lease contract in this case was lawfully terminated and terminated on March 30, 2016, which was six months from September 30, 2015 when the notification of termination was issued by the Plaintiff. Thus, the Defendant shall deliver the building in this case to the Plaintiff at the same time with the payment of KRW 240,00,000 from the Plaintiff, and received KRW 240,00,000 from the Plaintiff, and then the Plaintiff shall complete the registration of the establishment of the neighboring lease in this case.