beta
Text
1. The defendant shall receive KRW 140,000,000 from the plaintiff, and at the same time real estate stated in the attached list to the plaintiff.
Reasons
1. Basic facts
A. On May 23, 2012, the Plaintiff and the Defendant concluded a lease agreement with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”).
Deposit for lease: 140,00,000 won (no rent): Term of lease: from June 5, 2012 to December 30, 2014 (30 months)
B. The Defendant did not deliver the instant apartment to the Plaintiff until December 30, 2014.
C. Around the expiration of the lease term, the Plaintiff sold the existing house where the Plaintiff died.
Since then, the Plaintiff entered the instant apartment, but the Defendant did not deliver the instant apartment, on January 10, 2015, which was the introduction of Non-Party C’s building No. 103 Dong 501, Dong 103, Dong 501, which was owned by Non-Party C, for six months, short-term lease.
(10 million won, monthly rent of KRW 500,000, monthly rent of KRW 100,000). The monthly rent paid KRW 3 million to the above C in lump sum.
The plaintiff paid 300,000 won to the real estate broker at the expense of the introduction of the lease under the above D Building No. 103, 501, and was the director of the above apartment, and 1.3 million won was the director's expense.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8-1, purport of the whole pleadings
2. Determination as to the claim for the delivery of real estate
A. The plaintiff asserts that since the term of the lease contract on the apartment of this case has expired, the defendant is obligated to deliver the apartment of this case at the same time with the payment of KRW 140,000,000 from the plaintiff.
The defendant asserts that the lease contract of this case concerning the apartment of this case was automatically renewed under the same condition, as the plaintiff did not notify the defendant of the rejection of renewal between six months and one month before the expiration of the lease term.
B. The above evidence, Gap evidence No. 10-1, witness F's testimony and the purport of the whole pleadings.