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(영문) 서울중앙지방법원 2015.05.28 2014가단182740

건물명도

Text

1. The defendant points out each of the real estate listed in the separate sheet Nos. 1, 2, 3, 4, 5, 6, and 1 among the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. From around 2010 to D, the Defendant leased a part of 132.23 square meters in the ship connected each point of the attached Form No. 1, 2, 3, 4, 5, 6, and 1 among the real estate listed in the attached Table No. 1, 2010 to D’s list, and operated the restaurant. On June 1, 2013, the Defendant renewed a contract with D and leased the instant building at KRW 700,000,000,000 from September 30, 2013.

B. On November 13, 2013, the Plaintiffs succeeded to the status under the lease agreement of the instant building while purchasing and acquiring the instant building from D.

C. On December 23, 2013, the Plaintiffs notified the Defendant that the instant lease contract was terminated.

[Ground of recognition] The fact that there is no dispute, Gap's 1 or 7 evidence (including each number), and the purport of the whole pleading

2. According to the above facts, the lease contract on the instant building between the Plaintiff and the Defendant was explicitly renewed at the expiration of the original term, and six months have passed after the date of the Plaintiff’s notice of termination.

(1) In cases where a lessee fails to raise an objection within a reasonable period after the term of lease expires, if the lessee continues to use the leased object or to take profits after the term of lease expires, the lessee shall be deemed to have leased the object under the same conditions as the former one, unless the lessor raises an objection within the reasonable period: Provided, That the parties concerned may notify the termination in accordance with the provisions of Article 635. Article 635 of the Civil Act (Notice of Termination of Lease without a fixed period of time)

(2) The termination shall become effective upon the lapse of the following periods from the date of receipt by the other party:

1. With respect to lands, buildings and other structures, six months if the lessor has notified the termination thereof, and one month if the lessee has notified the termination thereof; and