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The defendant shall receive KRW 50,000,000 from the plaintiff, and at the same time, shall be attached to the building listed in the attached Table among the plaintiff.
Reasons
1. Basic facts
가. 주식회사 C(이하 ‘C’라고 한다)는 2017. 9. 30. 피고와 사이에 별지 목록 기재 건물 중 별지 상세도 기재 ㄷ, ㅎ, ㄱ, ㄷ의 각 점을 순차로 연결한 선내 가 부분 2.3㎡ 및 ㅎ, ㄹ, ㅁ, ㅂ, ㄴ, ㄱ, ㅎ의 각 점을 순차로 연결한 선내 나 부분 76.6㎡(이하 ‘이 사건 임대차목적물’이라고 한다)를 보증금 50,000,000원, 월 차임 1,650,000원(부가가치세 포함), 임대차기간 2018. 9. 30.까지로 정하여 피고에게 임대하는 임대차계약(이하 ‘이 사건 임대차계약’이라고 한다)을 체결하였다.
B. The instant lease agreement was renewed on September 30, 2018, and its contract term was extended by September 30, 2019.
C. On February 21, 2019, the Plaintiff purchased a building including the subject matter of the instant lease (hereinafter “instant building”) from C, and succeeded to the lessor’s status of the instant lease agreement by completing the registration of ownership transfer on May 30, 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including paper numbers; hereinafter the same shall apply) and the purport of whole pleadings
2. According to the above findings of the determination on the cause of the claim, the instant lease agreement was terminated on September 30, 2019, and thus, the Defendant is obligated to deliver the leased object to the Plaintiff, barring any special circumstance.
3. The judgment of the defendant on the defendant's assertion cannot be determined unless the defendant asserts the reduction of rent, etc., but claims the rent and unjust enrichment already paid to the plaintiff as a counterclaim.
(1) The Defendant rejected the renewal of the instant lease agreement, and there was no ground for rejection of renewal as stipulated in the Commercial Building Lease Protection Act. Furthermore, the Plaintiff did not notify the expiration date of the instant lease agreement (from September 6, 2019 to January 1, 2019), and thus, the Plaintiff did not notify the renewal thereof.