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1. The Defendant, among the buildings listed in the attached list, shall make order 1, 2, 3, 4, 1 among the buildings listed in the attached list to the Plaintiff.
Reasons
1. Basic facts
A. On October 31, 2014, the Plaintiff entered into a lease agreement with the Defendant on a deposit deposit of KRW 5,00,000 and KRW 150,000 from November 1, 2014 to October 31, 2015 (hereinafter “instant lease agreement”) with the lease deposit of KRW 85.6 square meters on the ship (a) connected each other with each other, among the buildings listed in the attached list, with the indication 1, 2, 3, 4, 1, and 85.6 square meters (hereinafter “instant store”), among the buildings listed in the attached list, and leased the instant store to the Defendant.
B. The Defendant operated the instant store with the trade name “B”.
C. On June 1, 2016, the Plaintiff sent to the Defendant a certificate of content that “The building with the instant store is confirmed to sell and purchase it to another person, is likely to cause safety accidents due to aging, and the new owner plans to reconstruct, so that the Plaintiff would cancel the contract as of October 31, 2016, which is the expiration date of the contract,” and sent a certificate of content that “the contract shall be terminated as of October 31, 2016, which is the expiration date of the contract,” and that “the contract shall be terminated as of October 31, 2016, which is the expiration date of the contract,” and reached the Defendant around that time.
[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 3 and the purport of the whole pleadings
2. According to the above fact-finding, the instant lease agreement was implicitly renewed and continued to exist as a lease without a fixed period after October 31, 2015, and the lease term implicitly renewed pursuant to Article 9(1) of the Commercial Building Lease Protection Act is the last one year. Thus, the maturity of the instant lease, which is implicitly renewed, is October 31, 2016.
Since the Plaintiff notified the Defendant of the termination of the above lease agreement on June 1, 2016 and October 20, the lease was terminated as of October 31, 2016 at maturity.
Therefore, barring special circumstances, the Defendant is obligated to deliver the instant store to the Plaintiff.
In this regard, the defendant is entitled to the Commercial Building Lease Protection Act.