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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. From around 2006, A Co., Ltd. entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the part of “A” (hereinafter “instant building”) connected in sequence 1, 2, 3, 4, and 1 of the attached drawings among the 424.95 square meters of the 1st floor reinforced concrete mold and the 424.95 square meters of the 424.95 square meters of the 1st floor of the building as indicated in the attached list.
B. The instant lease agreement was renewed several times, and the lease deposit amount was KRW 5,325,00 when the last renewal was made at the end of 201, KRW 488,200 per month for rent, and the lease term was from January 1, 2012 to December 31, 2012.
C. Meanwhile, the instant lease agreement contains a special clause that the lessor cannot claim all of the cost required to repair the commercial building and the beneficial cost invested for the business when the lease contract is terminated or terminated (Article 19).
A notified the Defendant that a lease contract should be concluded by February 25, 2013, if the lease contract is renewed after the expiration of the above lease term. However, the Defendant did not conclude the lease contract by the above deadline.
E. From January 1, 2013, the Defendant did not pay rent from January 1, 2013, and currently occupies the instant building.
F. On August 1, 2013, the Plaintiff merged A with another corporation.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, 2-2, 3-1, 2, 3-4 and the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the instant lease agreement is deemed to have expired on December 31, 2012, and thus, barring special circumstances, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the amount equivalent to the rent calculated at the rate of KRW 48,200 per month from January 1, 2013 to the completion date of delivery of the instant building.
B. Payment of the defendant's necessary or beneficial expenses.