beta
Text
1. The judgment of the first instance court, including the Plaintiff’s claim added at the trial court, shall be modified as follows.
Reasons
1. The grounds of the judgment of the court of first instance for the facts constituting the basis.
The reasoning for this part is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination as to the claim on the principal lawsuit
A. 1) In light of the fact that the Defendant continued to possess the tenant of the instant store from October 9, 2009 and the lease deposit was continuously KRW 30 million, it is reasonable to deem that the lease contract for the instant store between the Plaintiff and the Defendant was renewed two years each time on January 2, 2012 and January 1, 2014. The lease term of the instant store was extended up to December 31, 2015 with the renewal of the contract, and the said term exceeds five years from the date the first lease contract was concluded. Thus, the Defendant was amended by Act No. 14242, May 29, 2016; hereinafter “Commercial Building Lease Act”).
(2) The right to request renewal may not be exercised pursuant to Article 10(2). Therefore, upon the Plaintiff’s declaration of refusal to renew the lease contract for the instant store, the lease contract for the instant store was terminated as of December 31, 2015. Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff. Therefore, the Defendant is obliged to deliver the instant store to the Plaintiff. 2) The Defendant’s defense of the refund of the lease deposit and for the simultaneous performance,
Section 2-b below
As seen in the above paragraph, the lease deposit is deducted from the unpaid rent, management fee, electricity, and water fee, and it still remains. Therefore, the simultaneous performance of the lease deposit with the return of the lease deposit is without merit.
The lessee's duty to return the leased object arises upon termination of the lease contract, but the lessor's duty to compensate for damages due to the interruption of the lessor's right to recover the premium is due to the breach of the duty to protect the opportunity to recover the premium.