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(영문) 대구지방법원 2017.06.15 2016가단26911

건물명도

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1. The defendant is paid KRW 4,00,000 from the plaintiffs, and at the same time, the first floor of the attached real estate to the plaintiffs.

Reasons

1. Basic facts

A. On September 30, 202, the attached list real estate (hereinafter referred to as the "real estate of this case") was originally owned by F and leased to the Defendant on September 30, 2002 by setting the lease deposit amount of KRW 4,00,00,00,000,00,000,000,000,000 won for each of the items on the 1st floor of the real estate of this case, and the period from September 30, 2002 to June 30, 2005.

The defendant has run oil retail business in the leased real estate with the trade name of "G", and the above lease contract has been renewed since June 30, 2005.

B. The Plaintiffs purchased the instant real estate from F on September 4, 2015 and the same year.

9. 18. The transfer registration succeeded to the above lease agreement between F and the defendant.

C. On March 14, 2016, the Plaintiffs expressed to the Defendant that they will not renew the lease contract after June 30, 2016.

[Identification Evidence: Evidence No. 1, Evidence No. 2, and Evidence No. 5-1, 2-2, and the purport of the whole pleadings]

2. Determination

A. According to Article 10(4) of the Commercial Building Lease Protection Act amended on May 8, 2009, where a lessor is deemed to have renewed the lease due to a lessor’s failure to give notice of rejection of renewal, the term of the lease shall be deemed one year. Accordingly, the lease of this case from June 30, 2009 to July 1, 2015, which is implicitly renewed and renewed until June 30, 2016. However, as seen earlier, the Plaintiffs were notified of rejection of renewal on or around March 14, 2016, and thus, the contract of this case was terminated on or after July 1, 2016. Accordingly, the Defendant is obligated to deliver the portion of the instant case to the Plaintiffs (i.e., restitution to its original state).