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(영문) 서울남부지방법원 2020.03.26 2018가단25117

건물명도 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. Based on the educational ideology, the Plaintiff is an incorporated school foundation with the aim of conducting middle and high-level general education, and the Defendant is a creative association with the aim of promoting friendship among and among the creative members of C Middle and High Schools, promoting friendship among them, and contributing to the development of motherhood.

나. 원고는 2001. 6. 1. 피고와 사이에, 원고 소유의 별지1 목록 기재 건물 D동 3층 중 별지2 도면 표시 ①, ②, ③, ④, ①의 각 점을 순차로 연결한 선내 ㈎ 부분 52.56㎡(이하 ‘이 사건 건물’이라 한다)를 피고가 임차하는 내용의 임대차계약(이하 ‘이 사건 임대차계약’이라 한다)을 체결하였고, 이 사건 임대차계약은 묵시적으로 갱신되던 중 2017. 6. 1. 임대차보증금 3,500만 원, 관리비 월 331,400원, 임대차기간 2017. 6. 1.부터 2018. 5. 31.까지의 조건으로 갱신되었다.

C. On January 11, 2018, the Plaintiff sent a notice to the Defendant that the instant lease agreement will be terminated on the ground that the instant lease agreement falls under Article 9 subparag. 1 of the instant lease agreement (where the lessor recognizes that the lessee has significantly affected the operation of a commercial building) and subparag. 4 of the said Article (where the lessor has significantly damaged his/her reputation and credit).

On May 21, 2018, the Plaintiff sent to the Defendant a notice to the effect that if the term of the instant lease agreement expires on May 31, 2018, the Plaintiff would transfer the instant building.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 to 4 to 7 (including additional numbers), the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The purport of the Defendant’s assertion is that the matters concerning the instant lease agreement concerning the Plaintiff’s for-profit business are subject to deliberation and resolution by the board of directors according to the Plaintiff’s articles of incorporation in order to file the instant lawsuit seeking the return of the leased object on the ground that the instant lease agreement