건물명도(인도)
1. Of the buildings listed in attached Table 1 List 1, the Defendant points out to the Plaintiff each point of Attached Table 1, 2, 9, 10, 10, and 1.
1. Facts of recognition;
A. On September 5, 2014, the Plaintiff and the Defendant entered into a sales commission agreement (hereinafter “instant contract”) with the Defendant to sell “E” products from the 1st floor of the 1st floor of the D Building fashion Center located in Seocho-gu Seoul Metropolitan Government from September 19, 2014 to June 30, 2016 (hereinafter “instant store”) and to pay the Plaintiff the sales commission to the Plaintiff at 13% of its gross sales.
On May 31, 2016, the Defendant notified the Plaintiff of the demand for renewal of the instant contract.
B. In Seoul Central District Court 2016Gahap50535, the Plaintiff filed a claim against the Defendant for the transfer of the instant store by asserting that the instant contract had been terminated on June 30, 2016, but the said court rendered a judgment dismissing the Plaintiff’s claim for the transfer of the instant store on the ground that the instant contract was renewed on May 31, 2016 upon the Defendant’s request for renewal on the same condition as before July 1, 2016.
Even in the case of Seoul High Court 2017Na204726, the appellate court of the foregoing case, was sentenced to dismissal of the Plaintiff’s claim for delivery on January 10, 2018. On February 12, 2018, the said judgment became final and conclusive on January 27, 2018 by ordering dismissal of the petition for appeal.
C. On February 22, 2019, the Plaintiff notified the Defendant of the termination of the instant contract, and notified the instant store to restore it to its original state until September 18, 2019.
[Grounds for Recognition: Facts without dispute, Gap 1 through 4, Eul 2-1, 2, the purport of the whole pleadings]
2. The assertion and judgment
A. The plaintiff asserts that the contract of this case was renewed on July 1, 2016 under the same condition as before and renewed on April 12, 2018, and again the contract term was implicitly renewed under Article 10(4) of the Commercial Building Lease Protection Act until April 12, 2019. The plaintiff asserted that the contract of this case was terminated on April 12, 2019 upon the plaintiff's notice of termination on February 22, 2019.
The defendant on February 12, 2018.