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1. The defendant shall receive KRW 60,000,000 from the plaintiff and deliver the buildings listed in the separate sheet.
2...
Reasons
1. Facts of recognition;
A. On February 18, 2013, the Plaintiff and C completed the registration of ownership transfer for each 1/2 share of the building listed in the separate sheet (hereinafter “instant building”) owned by the network D on February 3, 2013, based on testamentary gift on February 3, 2013. The Plaintiff completed the registration of ownership transfer for each 1/2 share of the instant building from the mother C on November 10, 2015.
B. From 10 years ago, the Defendant leased one floor of the instant building from the network D and operated the pharmacy. On January 1, 2013, the Defendant concluded a lease agreement between the network D and the deposit of KRW 60,00,000, monthly rent of KRW 4,545,455, and its duration as of December 31, 2014. However, on September 14, 2013, the period of existence of the deceased was changed by September 13, 2015.
C. On November 20, 2015, the Plaintiff notified the termination of the said lease agreement explicitly renewed through the instant complaint, and the duplicate of the said complaint reached the Defendant on November 30, 2015.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, Eul No. 1 and the purport of the whole pleadings
2. According to the above facts, the lease contract for the building of this case by the defendant is not applicable pursuant to the proviso of Article 2(1) and Article 10(4) of the Commercial Building Lease Protection Act due to the size of deposit and monthly rent. Thus, the plaintiff can assert the termination of the lease contract which is implied under Articles 639(1) and 635(2) of the Civil Act. The above lease contract is deemed to be terminated on June 1, 2016 after six months from the date on which the defendant, who succeeded to the status of the lessor of the building of this case, claimed the termination of the contract.
Therefore, as the plaintiff is, the defendant is obligated to deliver the first floor of the building of this case, which is the leased object, to the plaintiff at the same time receiving deposit of KRW 60,00,000 from the plaintiff.