beta
Text
1. The Defendant indicated the attached drawings among the Seo-gu, Daejeon (Segu, Seo-gu, Daejeon), Seo-gu, Daejeon (Segu, Daejeon) ground buildings, 1, 2.
Reasons
1. Basic facts
A. On September 27, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant setting the lease deposit amount of KRW 20 million, monthly rent of KRW 300,000,000,000,000,000 from the delivery date of the lease term to October 30, 2015, on the part of KRW 43.32 square meters in the ship (hereinafter “instant store”) connected each point, among the Seo-gu, Daejeon (Sgu, Seo-gu, Daejeon), Daejeon (hereinafter “instant building”).
B. The defendant has run the real estate brokerage business in the name of E Licensed Real Estate Agent until now at the store of this case.
【Evidence Evidence: Evidence No. 1, 2, Evidence No. 3-1, Evidence No. 1, Evidence No. 1, and the purport of the whole pleadings】
2. Judgment on the parties' arguments
A. 1) The Plaintiff (A) was unable to use the instant building suitable for the leased purpose due to the deterioration, such as the inflow of rainwater, etc., and the Plaintiff terminated the instant lease agreement for the preservation of the leased object. As such, the Defendant is obligated to deliver the instant store to the Plaintiff. (In addition, as the Plaintiff needs to recover possession of the instant store in order to remove and reconstruct the instant building deteriorated, there is a justifiable reason to refuse the Defendant’s request for renewal in accordance with Article 10(1) of the Commercial Building Lease Protection Act, and there is also a reason to refuse renewal under subparagraph 7 (a) through (b) of the said Article.
In addition, the defendant has had a third party cultivate the place where the building was used as a parking lot as attached to the store of this case without the consent of the plaintiff, which is stipulated in Article 10 (1) 4 of the Commercial Building Lease Protection Act, "if the lessee subleases all or part of the building of this case without the consent of the lessor," or "other matters stipulated in Article 10 (1) 8 of the same Act."