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(영문) 의정부지방법원 2015.11.13 2015가합50825

건물인도청구의소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On November 22, 2013, the Plaintiff entered into a lease agreement with the Defendant and the instant building (hereinafter “instant lease agreement”) with a term of KRW 30,000,000 per lease deposit, KRW 1,000 per month of rent, and period of lease from November 8, 2013 to December 31, 2014 (hereinafter “instant lease agreement”).

2. Determination as to the cause of claim

A. The Plaintiff’s assertion that the instant lease agreement expired on December 31, 2014.

Therefore, the defendant is obliged to deliver the building of this case to the plaintiff at the same time with the payment of KRW 30,000,000 from the plaintiff.

B. Determination 1) As to the termination of the instant lease agreement, the fact that the expiry date of the lease term stipulated in the instant lease agreement was December 31, 2014 is recognized as follows. However, in light of the following circumstances, it is reasonable to deem that the instant lease agreement was explicitly renewed after the expiration date of the said period, and there is insufficient counter-proof on the sole basis of the entries in subparagraph 1 through 3 of the evidence No. 2, and there is no counter-proof. ① The instant lease agreement is a lease agreement on commercial buildings subject to the registration of business, which is subject to the Commercial Building Lease Protection Act. The converted deposit amounted to KRW 130,000,000 [1,000,000,000 won] x around 131, 2015, the building of this case was transferred to the Plaintiff on December 13, 2015 x the building of this case.

③ The Plaintiff notified the Defendant of the refusal of renewal or the change of the terms and conditions between six months and one month before the expiration of the above term of lease.

or there is no evidence to deem that the Defendant notified the Plaintiff of the termination of the contract.

④ The defendant on December 31, 2014, which is the expiration date of the lease term of this case.