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(영문) 부산지방법원 2020.07.14 2020가단303492

건물인도

Text

1. The defendant

(a) deliver one story 71.52 square meters of real estate listed in the separate sheet;

B. From January 30, 2020 to January 2020

Reasons

1. Basic facts

A. On January 30, 201, the Plaintiff entered into a lease agreement with the Defendant’s wife, and with respect to the lease deposit of KRW 5 million, monthly rent of KRW 450,000,000, KRW 5000,000, KRW 5000,000, KRW 5000,000, and the lease term from January 30, 201 to January 29, 2013 (hereinafter “instant lease agreement”), among the real estate listed in the attached Table, and the real estate listed in the attached Table, the Plaintiff has been impliedly renewed on a yearly basis.

B. Since the conclusion of the instant lease agreement, the Defendant has been doing business until now with the trade name “D” in the instant real estate. As from December 2016, the Plaintiff agreed with the Plaintiff to increase the management expenses in KRW 100,000,000, the Defendant paid the Plaintiff the monthly rent and the management expenses for each month.

C. On November 7, 2019, the Plaintiff sent a certificate of content to the Defendant and notified the Defendant of his intent to terminate the instant lease agreement, and demanded the Defendant to deliver the instant real estate to the Defendant by January 29, 202, which is the expiration date of the renewed contract term.

[Ground of recognition] Uncontentious facts, entry of Gap evidence 1 to Gap evidence 4, purport of whole pleadings

2. Determination

A. According to the above facts, the instant lease agreement was terminated due to the Plaintiff’s termination notification.

In this regard, the Defendant asserts that the instant lease contract was concluded before the enforcement of Article 10(2) of the current Commercial Building Lease Protection Act, but its last renewal was made on January 30, 2019. In such a case, the period for exercising the right to request renewal of the contract of commercial tenants falls under the "lease to be renewed after the enforcement of this Act" pursuant to Article 2(1) of the Addenda to the current Commercial Building Lease Protection Act, and that the period for exercising the right to request renewal of the contract of commercial tenants is ten years, and the Defendant expressed his/her intent to renew the contract before the expiration of the instant lease contract to the Plaintiff. Thus, the instant lease contract was renewed from January 30, 2020 to January 29, 2021.