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1. Upon arrival of February 8, 2016, the Defendant is written in the separate sheet from February 8, 2016 to KRW 40,00,000 from the Plaintiff.
Reasons
1. Basic facts
A. On January 11, 2010, the Plaintiff entered into a lease agreement with the Defendant on a deposit amounting to KRW 40 million, monthly rent of KRW 1.4 million, and the lease period from February 8, 2010 to 24 months (hereinafter “instant lease agreement”).
Since then, the instant lease contract has been implicitly renewed.
B. On August 19, 2015, the Plaintiff notified the Defendant of the purport that “The Plaintiff would have no intention to renew the instant lease agreement by concluding a sales contract for the instant real estate and demanded the delivery of the instant real estate on February 7, 2016 with the expiration of the contract term.”
C. On August 31, 2015, the Defendant notified the Plaintiff of the purport that “When entering into a premium contract with a new lessee and refusing to enter into a lease contract with a new lessee, the Defendant shall compensate for damages equivalent to the premium.” If not compensation for damages, the Defendant is expected to exercise the lien.”
[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Gap 1 to 1 evidence, purport of the whole pleadings
2. According to the above facts of determination as to the cause of claim, the instant lease agreement was explicitly renewed and its term of lease exceeded five years, and the Plaintiff expressed that he did not intend to renew on August 19, 2015, and thus, the instant lease agreement is terminated on February 8, 2016, when the term of lease expires.
However, even if the above term of lease comes after the closing of argument and the defendant expressed his intention to refuse to deliver the real estate of this case even if the term of lease expires, it is necessary to request in advance the implementation of the delivery of the real estate of this case.
Therefore, the Defendant’s arrival on February 8, 2016, following the expiration date of the instant lease agreement, from KRW 40,000 to KRW 40,000,000 to the completion date of the delivery of the instant real estate from February 8, 2016.