1. 피고는 원고에게 별지 목록 기재 건물 중 별지 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉤, ㉥, ㉦, ㉧, ㉨,...

1. Facts of recognition;

가. 별지 목록 기재 건물 중 별지 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉤, ㉥, ㉦, ㉧, ㉨, ㉠의 각 점을 차례로 연결한 선내 ㈎부분 140.61㎡(이하 ‘이 사건 건물’이라 한다)의 소유자인 D은 2013. 7. 24. 피고와 사이에 이 사건 건물에 관하여 임대차보증금 1,000만 원, 차임 월 120만 원, 임대기간 2013. 7. 1.부터 2015. 6. 30.까지로 정하여 임대차계약(이하 ‘이 사건 임대차계약’이라 한다)을 체결하였다.

D, on June 30, 2013, prior to the preparation of the above contract, delivered the instant building to the Defendant, and the Defendant began to operate the restaurant from around that time.

In fact, C, the father of the defendant, seems to have been operated.

B. Even after the expiration of the instant lease contract period, the Defendant continued to operate a restaurant in the instant building, and agreed to change the lease contract period between D and D on June 30, 2017 to KRW 1.4 million per month.

C. On August 22, 2016, the Plaintiff purchased the instant building from D, and completed the registration of ownership transfer in its name on September 7, 2016.

On June 30, 2017, the Plaintiff entered into a contract with the Defendant on June 30, 2017, under which the term of the instant lease agreement was changed to KRW 1.5 million per month by June 30, 2018.

E. The defendant is operating a restaurant in the building of this case until now.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 4, and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as the cause of the claim, the instant lease contract was terminated on June 30, 2018, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff.

B. The Defendant asserted one renewal claim was changed from D to the Plaintiff by the owner of the instant building, and concluded a lease contract again with the Plaintiff on June 30, 2017, and for five years from June 30, 2017.