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1. The judgment of the first instance court, including the Plaintiff’s claim extended at the trial room, shall be modified as follows:
The defendant.
Reasons
1. In addition to the statements in the Evidence No. 1-1 and No. 2-2, the lease contract of this case was concluded at KRW 20,000,000 on January 27, 199 as lease deposit, and KRW 25,000,000 on July 31, 199 as lease deposit total amounting to KRW 5,00,00,000 on lease deposit, and the above special terms are stipulated in the lease contract as of January 27, 199.
The payment key shall be the sum of KRW 00,000 per month, and the payment key shall be the management expenses.
Provided, That it shall be used as the main place of use of approximately 200 square meters in front of the office.
C On January 27, 199 and July 31, 1999, a lease contract was concluded between the Defendant and the owner of the instant building and the front land of the said building at KRW 25,00,000 (hereinafter “the instant lease deposit”), monthly rent of KRW 100,000, and the lease term of KRW 60 from January 27, 199 to 60 months (hereinafter “the instant lease contract”). Of these, the special terms of the lease contract dated January 27, 199 (No. 1-1) are as follows:
B. Around March 3, 1999 and July 31, 1999, the Defendant paid C all of the instant lease deposit.
C. On August 2, 2002, the Plaintiff, as the wife C, was awarded the instant building contract in the Cheongju District Court E Real Estate Auction case.
Since the conclusion of the instant lease agreement, the Defendant occupied and used the instant building until now.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination as to requests for the delivery of a building
A. Since there is no dispute between the parties that the defendant occupies the building of this case owned by the plaintiff, the defendant is obligated to deliver the building of this case to the plaintiff, barring special circumstances.
B. The allegation of opposing power under the Commercial Building Lease Protection Act regarding the defendant's defense, etc.