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(영문) 의정부지방법원고양지원 2016.05.25 2015가단86226

건물인도

Text

1. Defendant C received 3.5 million won from the Plaintiff, and at the same time, the first floor of the building indicated in the attached Table to the Plaintiff.

Reasons

1. The Plaintiff, as the owner of the building listed in the separate sheet (hereinafter “instant building”), entered into a lease agreement (hereinafter “each of the instant agreements”) with the Defendants as follows.

From August 30, 2013 to December 30, 2013, Defendant B, as the date of concluding a contract for the lease contract of the lessee, the Plaintiff, as the user for the second year from September 30, 2013, sent a certification of the contents to the Defendants on May 5, 2015, and expressed that there was no intention to renew the lease contract pursuant to Article 10(1)7 and 8 of the Commercial Building Lease Protection Act. The Defendants also requested the renewal of the contract at that time.

【Ground for Recognition: Each description, number, etc. of Gap evidence 1 through 7】

2. The plaintiff asserted that the plaintiff purchased the building of this case and planned to operate the commercial building directly after cutting down the wall between the commercial buildings on the first floor and setting up the internal interior interior interior interior, but there was no way to prepare the sales balance with the loan and the cost of operating the commercial building. The plaintiff leased the commercial building of one floor only for two years until the settlement money is paid in cash.

The defendants knew such circumstances and concluded each of the contracts of this case.

The plaintiff expressed his/her intention of termination on May 2015, three months before the expiration of the lease term. The defendants are obligated to deliver each part of possession to the plaintiff.

Defendant B obtained economic benefits due to low rent, etc., and the Plaintiff has a right to refuse Defendant B’s request for renewal because the Plaintiff has a significant reason for making it difficult to continue the lease.

Defendant C can exercise the right to request renewal of the contract only within the extent that the whole term of lease, including the initial term of lease, does not exceed five years. Defendant C has been operating the business since 1995.