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1. The defendant shall receive KRW 30,000,000 from the plaintiff, and at the same time, the first floor of the real estate stated in the attached Table shall be the plaintiff.
Reasons
1. Facts of recognition;
A. From October 13, 2010, the Defendant leased 77.12 square meters of the first floor and 77.12 square meters of three floors among the real estate listed in the attached Table from around October 13, 2010 (hereinafter “instant real estate”) and operated a business.
B. On April 3, 2014, the Plaintiff acquired the ownership of real estate listed in the separate sheet. On October 13, 2014, the Plaintiff concluded a lease agreement with the Defendant, setting the rental deposit of KRW 30,000,000, the rent of KRW 3,300,000, and the period from October 13, 2014 to October 13, 2015.
C. The Plaintiff and the Defendant agreed to immediately issue an order upon the expiration of the term of lease at the time of the said lease, and the Plaintiff notified two times on July 8, 2015 and August 17, 2015 of the refusal to renew the instant lease, and the notification reached the Defendant around that time.
[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, Eul evidence 1, 2, Eul evidence 4 and 5, the purport of the whole pleadings]
2. Determination
A. According to the above findings of the determination on the cause of the claim, since the lease contract of this case was terminated upon the expiration of the period, the defendant is obligated to deliver the real estate of this case to the plaintiff.
B. (1) The defendant asserts that the lease contract of this case can be renewed for five years pursuant to the Commercial Building Lease Protection Act, since the lease contract of this case was first concluded between the plaintiff and the defendant.
Article 10 (2) of the Commercial Building Lease Protection Act provides that "a lessee's right to request renewal of a contract may only be exercised within the extent that the whole period of lease including the initial period of lease does not exceed five years," and in light of the language and text of the above law and the legislative intent of the lessee's right to request renewal of a contract within the extent of five years in total, the term "the first term of lease" is enforced.