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1. The defendant shall receive KRW 30,000,000 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 October 25, 2007, the Plaintiff is the owner who completed the registration of ownership transfer with respect to D Awards in the Nowon-gu Seoul Special Metropolitan City (hereinafter “instant aggregate building”) of the first floor E (the real estate indicated in the attached list, which is the part of 15.59 square meters connected with each point of the attached list 3, 4, 5, 6, and 3; hereinafter “instant shopping building”).
B. On October 27, 2008, the Plaintiff and other sectional owners leased the first and fifth floors of the instant aggregate building to the Defendant (former trade name: G Co., Ltd.) through agent F.
(hereinafter “instant lease agreement”). C.
Under the instant lease agreement, the deposit amount of KRW 11,00,000,000, and the lease period of KRW 10,000 were set as ten years from the date the Defendant commenced his business.
On September 23, 2009, the Defendant started business from the first to fifth floor of the instant condominium as “H sub-store” and the lease deposit to be returned to the Defendant by the Plaintiff under the instant lease agreement is KRW 30,000,000.
【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 3, 4, 5, 17, and 18, the purport of the whole pleadings
2. According to the facts of the above recognition, since the lease contract of this case expired after the lapse of 10 years from September 23, 2009, which is the starting date of business, the contract of this case, the defendant is obligated to deliver the commercial building of this case to the plaintiff at the same time with the payment of KRW 30,000,000 from the plaintiff.
3. According to the conclusion, we decide to accept the Plaintiff’s claim and decide as per Disposition.