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(영문) 대전지방법원서산지원 2017.08.09 2017가단294

건물인도 등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 31, 2013, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with regard to the lease deposit amount of KRW 20 million, KRW 165,00,000,000,000,0000,0000,0000,0000,0000,0000,0000,0000,0000,0000,0000,0000,0000,0000,0000,0000,0000,0000,0000,000,000,000

B. The Defendant operates a restaurant with the trade name “C” at the instant store. On July 8, 2016, the Plaintiff notified the Defendant of the termination of the instant lease agreement, and the Defendant notified the Plaintiff of the request for renewal of the instant lease agreement on October 25, 2016.

[Grounds for recognition] Class A, Nos. 1, 2, 4, Eul's evidence No. 1, and the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The plaintiff asserts that the building in this case is likely to be damaged by water leakage, and that the plaintiff is obligated to deliver the store in this case to the plaintiff on November 29, 2016, following the plaintiff's notification of rejection of renewal to the defendant during the period from six months before the expiration of the lease term of this case to one month for repair construction of the building in this case.

The defendant asserts that the contract of this case was renewed since the defendant demanded the plaintiff to renew the contract of this case within six months to one month before the expiration of the contract of this case.

B. In the case of a commercial building lease, the lessee may request the lessor to renew the contract between six months before the expiration of the lease term and one month after the expiration of the lease term unless there is any reason under the proviso of Article 10(1) of the Commercial Building Lease Protection Act, and the lessee's right to request the renewal of the contract shall be five years after the expiration of the lease term.