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1. The part concerning the delivery of real estate among the plaintiff's primary claims is dismissed.
2. Of the instant lawsuit, the remainder of the Plaintiff.
Reasons
1. Basic facts
A. From April 17, 2012 to April 16, 2014, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 20,000,000 for the instant real estate, and monthly rent of KRW 850,00 for the instant real estate. On April 19, 2014, the Plaintiff entered into a lease agreement with the Defendant, which stipulates the same term as the lease deposit and monthly rent (hereinafter referred to as “instant lease agreement”) with respect to the instant real estate from April 16, 2014 to April 15, 2016.
B. On or around November 5, 2015 and March 10, 2016, the Plaintiff notified the Defendant of the transfer of the instant real estate on the ground of safety issues arising from the aging of the instant real estate, and the Defendant requested the Plaintiff to renew the instant lease agreement on or around March 10, 2016.
[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including each number), and the purport of the whole pleadings
2. On the contrary of the parties’ assertion, the Plaintiff rejected the Defendant’s request for renewal under Article 10(1)7 of the Commercial Building Lease Protection Act, and the instant lease agreement terminated on April 15, 2016. As such, the Defendant asserts that the Defendant is obligated to deliver the instant real estate to the Plaintiff and return unjust enrichment equivalent to the monthly rent from August 15, 2016 to the completion date of delivery of the instant real estate from August 15, 2016, after the date of closing the argument, the Defendant claims that the instant lease was renewed in accordance with Article 10 of the Commercial Building Lease Protection Act.
Preliminaryly, even if the instant lease contract was renewed, the Plaintiff’s termination of April 16, 2017 after five years from April 17, 2012 when the first lease contract was concluded. Therefore, the Defendant transferred the instant real estate to the Plaintiff by April 16, 2017, and the monthly rent is reasonable from August 15, 2016 to the completion date of delivery of the instant real estate.