1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Facts of recognition

The plaintiff is a regional housing association established to carry on a housing construction project at the Daegu Seo-gu Seoul Special Metropolitan City level in accordance with the Housing Act and its Enforcement Decree.

On April 25, 2019, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from D on April 25, 2019, and accordingly completed the registration of ownership transfer in the name of the Plaintiff on April 30, 2019.

The Defendant entered into a lease agreement between D and D on October 26, 2017 with regard to the instant real estate with a deposit of KRW 10 million, monthly rent of KRW 450,000,000, and the term of lease from January 2, 2018 to January 1, 2020 (hereinafter “instant lease agreement”), and occupied the instant real estate by delivery from D until now.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, and the purport of the whole argument of the parties concerned, the plaintiff can refuse to renew the lease agreement pursuant to Article 10(1)7 of the Commercial Building Lease Protection Act, and the defendant expressed his/her intention to refuse to renew the lease agreement. Thus, the lease agreement of this case was terminated on January 1, 2020 without renewal.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

Since the Plaintiff did not expropriate and remove the instant real estate in accordance with the law, it cannot be said that the right to refuse to renew under Article 10(1)7 of the Commercial Building Lease Protection Act is recognized for the Plaintiff. Therefore, the instant lease agreement was renewed by the Defendant’s request for renewal.

In addition, if the lease contract of this case is terminated as the plaintiff's rejection of renewal, the defendant cannot receive any compensation for the value of tangible and intangible property formed during the lease of this case.

Therefore, the plaintiff's claim is without merit.

Judgment

8. The lessor;