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1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and the said building from December 23, 2015.
Reasons
1. Basic facts
A. The Plaintiff is the owner of the real estate listed in the separate sheet (hereinafter “instant building”).
B. On April 13, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant by setting the period of the instant building up to April 13, 2015, and as KRW 10 million each year, on the following occasions: (a) the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”).
After receiving the instant building, the Defendant is operating a restaurant in the instant building from the date of closing the pleadings.
C. The Defendant paid to the Plaintiff the rent up to April 13, 2015, and did not pay the Plaintiff the rent any longer.
On February 5, 2015, April 7, 2015, and July 17, 2015, the Plaintiff notified the Defendant that the instant lease agreement had expired, and thus, the instant building should be handed over.
E. On February 16, 2015, the Defendant sent to the Plaintiff a certificate of content that “the contract renewal is required pursuant to Article 10 of the Lease Protection Act.” The Defendant responded that the Plaintiff is not suitable.
F. The Defendant’s overdue rent against the Plaintiff is KRW 6,958,904 as of December 22, 2015.
G. On August 7, 2015, the Plaintiff did not deliver the instant building to the Plaintiff despite the expiration of the instant lease agreement, and installed two containers and three steel structure installed at the entrance of the parking lot in the Defendant restaurant, thereby hindering the Defendant’s business. Around August 7, 2015, the Plaintiff was subject to a disposition of KRW 1,000,000 for the above criminal facts.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 7, 8, 12 (including each number, if any; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 4, 5, 6, the purport of the whole pleadings or videos and arguments
2. Determination
A. 1 Determination as to the cause of the claim 1) According to the above basic facts as to the termination of the instant lease agreement, the term of the instant lease agreement expired on April 13, 2015. The Defendant is entitled to the Commercial Building Lease Protection Act (hereinafter referred to as the “Commercial Building Lease Protection Act”) regarding the instant building.