beta
(영문) 서울중앙지방법원 2020.01.16 2019가단5115481

건물명도(인도)

Text

1. Of the 569.03 square meters of the 1st floor of the building indicated in the attached list, the Defendant indicated in the attached Form 1, 2, 6, 7, 11, 10, 9, 5, and 1.

Reasons

1. Basic facts

A. On November 2013, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff for the lease deposit of KRW 100,000,00 (including value-added tax), monthly rent of KRW 6,60,00 (including value-added tax) and from April 1, 2014 to March 30, 2019 (hereinafter “the lease agreement in this case”) with respect to the portion of KRW 231,00 square meters in order to connect each point of (i) the number of floors listed in the attached Form No. 1, 2, 6, 7, 11, 10, 9, 5, and 1 of the building owned by the Plaintiff.

Matters concerning the term of lease of this case shall be as follows:

Article 2 (Term of Lease) The term of the lease contract of this case shall be five years basic, and the contract shall be renewed every two years after the expiration of the contract.

Provided, That the rent after the first three-year maturity shall be renewed by mutual consultation within 10%.

1) Contract term: From April 1, 2014 to March 30 (5) 2, 2019, this Agreement takes effect by fully paying the security deposit prescribed in Article 3(1).

3 When a lessee wishes to continue to lease after the expiration of the contract term, the contract must be renewed with the lessor.

Provided, however, it is deemed that the lease contract has been extended for two years under the same conditions as this contract is not notified in writing by the “leased” or “Lessee” at least one month prior to the expiration of the contract.

B. On October 31, 2018, the Plaintiff: (a) notified the Defendant on March 30, 2019, which was the expiration date of the lease agreement, that the extension or renewal of the lease agreement is an indefinite position for the Defendant to use the items currently leased as business purposes; (b) the Plaintiff prepared to ensure that the relocation of the Defendant by the expiration date of the lease agreement will be made smoothly until the expiration date of the lease agreement.

The Plaintiff sent a content-certified mail, and thereafter, around March 22, 2019, the Plaintiff “instant case.”