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1. The defendant shall receive KRW 20,000,000 from the plaintiff, and at the same time, shall be the real estate stated in the attached Table to the plaintiff.
Reasons
1. Facts of recognition;
A. On September 18, 2007, the Defendant entered into a lease contract with a special agreement on the lease deposit amounting to KRW 20,000,000, monthly rent of KRW 1,100,000, and October 29, 2007 from October 30, 2007 to October 29, 2009 with respect to the real estate portion listed in the attached list among the above buildings (hereinafter “instant building”). The business guarantee shall be five years, and the rent shall be increased at the time of re-contract.
(hereinafter “instant initial lease agreement”). B.
On July 29, 2009, the Plaintiff purchased the above Seoul Geumcheon-gu Seoul District Building and completed the registration of ownership transfer as of October 26, 2009. On March 1, 2010, the Plaintiff entered into a lease agreement with the Defendant and the building of this case by October 29, 201, including the lease deposit of KRW 20,000,000, monthly rent of KRW 1,500,000, and the lease period from March 1, 2010 to February 28, 2011, and the deposit succeeds to the initial lease deposit of this case, and the business guarantee also entered into a lease agreement by October 29, 2012, including the initial lease period of this case.
C. On November 1, 2015, the Plaintiff entered into a lease agreement with the Defendant and the instant building with a view to KRW 20,000,000, monthly rent of KRW 2,000,000, and the lease period from November 1, 2015 to October 31, 2016.
(hereinafter referred to as “instant lease agreement”). D.
On August 12, 2016, the Plaintiff sent to the Defendant a content-certified mail to the effect that the contract term of the instant lease expires as of October 31, 2016, and that there is no intent to renew the contract, and the said mail was served around that time.
E. The Plaintiff and the Defendant omitted entry of a rooftop on the leased part of the instant lease agreement, but the Defendant received delivery of the instant building (including a rooftop) at the time of the conclusion of the instant initial lease agreement, and operated the Gosiwon at this place, and occupied and used the instant building (including a rooftop) until now.
[Ground of recognition] dispute.