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1. The Defendants shall deliver to the Plaintiff one-story of 102.6 square meters among the real estate listed in the attached list.
2. The costs of lawsuit shall be individually counted.
Reasons
1. The plaintiff's assertion
A. The Plaintiff purchased real estate listed in the separate sheet from Nonparty D (hereinafter “instant real estate”) and completed the registration of ownership transfer on December 21, 2018.
B. Around November 15, 2008, the Defendants are those who entered into a lease agreement with the above D on the first floor among the instant real estate, and the said D and the Defendants entered into a renewal agreement by setting the lease term on May 9, 2016 until May 14, 2018.
C. In addition, the above lease agreement was implicitly renewed, and the Plaintiff promised to deliver the Defendants and the first floor of the instant real estate on May 31, 2019.
In addition, the defendants did not pay the monthly rent that should be paid on the 15th of each month.
E. Therefore, the plaintiff's assertion in favor of the defendants on the ground that the plaintiff's refusal to pay the above delivery agreement or the notice of termination intention on the ground of delinquency in the payment of the monthly rent is without merit.
Even if the lease term expires on May 24, 2020, it is demanding to deliver one of the real estate of this case to the court.
2. The fact that only the descriptions, etc. of the certificate Nos. 2, 8, and 9 in the board was delivered by May 31, 2019; however, there is no evidence to prove the fact of delay in the third period as prescribed by Article 10-8 of the Commercial Building Lease Protection Act.
Therefore, we cannot accept the Plaintiff’s termination argument based on these facts.
However, since it can be recognized that the term of lease has expired ( May 24, 2020), while the lawsuit in this case is pending, the defendant is obligated to deliver the first floor among the real estate in this case.
3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is justified.