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1. The defendant shall receive KRW 30,000,000 from the plaintiff, and at the same time deliver the real estate stated in the attached Form to the plaintiff.
Reasons
1. Basic facts
A. On December 24, 2014, the Defendant entered into a lease agreement with C to lease the instant commercial building by setting the lease deposit amount of KRW 30 million, monthly rent of KRW 500,000,000 from January 12, 2015 to January 11, 2017 (hereinafter “instant lease agreement”), and occupied and used the instant commercial building.
B. On February 11, 2015, the Plaintiff completed the registration of ownership transfer with respect to the instant commercial building.
[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the defendant who occupies the commercial building of this case is obligated to deliver the commercial building of this case to the plaintiff at the same time with the payment of KRW 30 million from the plaintiff, as requested by the plaintiff, unless there are special circumstances.
3. Judgment on the defendant's assertion
A. The defendant's assertion is a tenant with opposing power, and the plaintiff succeeded to the status of a lessor of the lease contract of this case, as long as the defendant has a legitimate right to occupy the commercial building of this case until the expiration of the lease contract of this case, the plaintiff's claim of this case cannot be complied with
B. Article 2(1) proviso and Article 2(2) of the former Commercial Building Lease Protection Act (amended by Act No. 13284, May 13, 2015; hereinafter “Commercial Building Lease Protection Act”) which was enforced at the time of the conclusion of the instant lease agreement, and Article 2 of the Enforcement Decree of the said Act does not apply to the scope of application of the said Act if the scope of application exceeds KRW 400,000,000 including the amount computed by multiplying the monthly rent by 100, in the case of Seoul Special Metropolitan City.