beta
Text
1. The defendant is paid KRW 50,000,000 from the plaintiff, and at the same time, the building stated in the attached Table to the plaintiff.
Reasons
1. Determination as to the cause of claim
A. 1) On November 27, 2007, the Plaintiff is a building indicated in the attached list (hereinafter “instant building”) to the Defendant around November 27, 2007.
(2) From November 27, 2007 to November 26, 2009, the lease term was set at KRW 50,000,000, monthly rent of KRW 1,300,000. (2) The Plaintiff and the Defendant extended the lease term to November 26, 2010 until November 27, 2009, by one year from November 27, 201 to November 26, 201; and thereafter, the lease term was extended to October 10, 201, by 1 year from November 27, 2011 to November 26, 201.
[Ground of Recognition] A without dispute, Gap evidence 1, Gap evidence 3, Gap evidence 6, Eul evidence 1, Eul evidence 1, the whole purport of the pleading [Evidence Evidence] witness C's testimony
B. According to the facts of the above recognition, the above lease contract has been terminated entirely because it had already been terminated, and the defendant is obligated to deliver the building of this case to the plaintiff, barring any special circumstances.
2. Judgment on the defendant's defense
A. First of all, the Defendant, on September 23, 2013, demanded the Plaintiff to renew the said lease agreement. Thus, the Defendant’s defense that the said lease agreement was renewed by 2017 pursuant to Article 10(1) of the Commercial Building Lease Protection Act and the said lease agreement was not yet terminated.
According to the main sentence of Article 10(1) of the Commercial Building Lease Protection Act, where a tenant requests renewal of a contract between six months and one month before the expiration of the lease term, a lessor may not refuse it without justifiable grounds. According to Article 2(3) of the Commercial Building Lease Protection Act amended by Act No. 12042, Aug. 13, 2013, Article 10(1) of the Commercial Building Lease Protection Act is a lease exceeding the guaranteed amount under the proviso of Article 2(1) of the same Act, to which the Commercial Building Lease Protection Act is not applicable.