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(영문) 서울중앙지방법원 2015.08.18 2014나30314

건물명도

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1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Grounds for the court's explanation concerning this case, ① The grounds for the judgment of the court of first instance No. 1.B.

1) Paragraph 2 of the same Article provides that “The deposit amount of KRW 20 million is KRW 30 million” as “the deposit amount of KRW 30 million,” and Section 1.b. 3 of the same Article deletes “the deposit of KRW 30 million as the deposit amount of KRW 30 million” and Section 3.b.

2. Paragraph 16 of the same paragraph, "before the filing of the instant lawsuit, it is reasonable to view that the right to request renewal of the contract has been exercised" and Paragraph 18 of the same paragraph, and "The term of the lease of the multi-story leased area is renewed pursuant to Article 10 (1) and (2) of the Commercial Building Lease Protection Act, and it is reasonable to deem that the term of the lease of the multi-story leased area expires on March 24, 2016, when five years have elapsed from March 25, 201, which was the initial date of the initial contract period, from March 25, 201."

2. Additional determination

A. The Defendant asserts that the 10-year business guarantee for the 10-year business lease on the 10-year basis of the 10-year lease, asserts to the effect that the Plaintiff’s request for the delivery of the 10-year lease on the 10-year lease was unfair, since the Plaintiff agreed to the Defendant to guarantee the 10-year lease period at

However, there is no evidence to acknowledge that at the time when the plaintiff entered into the first floor lease contract, the defendant has agreed to guarantee the future ten-year lease period.

The defendant's above assertion is without merit.

B. The Defendant claiming the right to demand reimbursement of necessary expenses and the right to demand attached expenses, etc., shall bring about approximately KRW 30,000,000 after the lease of the leased part of the first floor.