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Defendant B Co., Ltd. pays KRW 950,000 to the Plaintiff.
The plaintiff's remaining part against defendant B.
Reasons
Basic Facts
A. On February 23, 2015, the Plaintiff, the owner of the building F and E (hereinafter “instant real estate”) in Yeonsu-gu Incheon, the Plaintiff concluded a lease agreement (hereinafter “instant lease”) with Defendant B Co., Ltd. (hereinafter “Defendant B”) by setting the lease deposit amount of KRW 5 million, monthly rent of KRW 3.5 million, and the period from March 31, 2015 to March 30, 2017.
B. At present, the instant real estate is affixed with a signboard indicating the Defendants’ trade name together.
C. By March 31, 2020, the sum of the overdue rent of Defendant B is KRW 950,000.
[Ground for Recognition: Unsatisfy Facts, entry of Gap evidence 1 through 3, 7, and 10, and purport of whole pleadings]
2. The parties' assertion
A. The Plaintiff’s lease of this case expired on March 30, 2017, but it was implicitly renewed, extended to March 30, 2018, and extended to March 30, 2018, by implied renewal until March 30, 2019.
However, around March 30, 2019, since the defendant has a right to claim renewal of the contract for five years pursuant to the Commercial Building Lease Protection Act, the lease contract will continue until March 30, 2020, which is five years from the date of the first contract, was extended again until March 30, 2020.
Therefore, since the lease of this case was terminated as of March 30, 2020, the Defendants are obligated to deliver the instant real estate to the Plaintiff, and Defendant B is obligated to pay the amount of overdue rent and unjust enrichment equivalent to the rent by the date of delivery.
B. Since the Defendants’ amended Commercial Building Lease Protection Act has the right to request renewal of 10 years, there is no reason to deliver the instant real estate.
3. Determination
(a) 1) Articles 10 and 10 relating to the Commercial Building Lease Protection Act (1) (1) Where a tenant requests the renewal of a contract between six months and one month before the expiration of the term of lease, a lessor shall not refuse such request without justifiable grounds: Provided, That this shall not apply to any of the following cases: