beta
(영문) 서울동부지방법원 2014.04.04 2013가단111874

건물명도

Text

1. The defendants each of the plaintiffs are categorized as 1, 2, 3, 4, and 1 of the annexed drawings among the 1st floor of the building listed in the annexed list.

Reasons

In full view of the facts without dispute as to the cause of the claim, and comprehensively taking account of the overall purport of the arguments in the statements in Gap 1, 2, 3-1, 3-2, 4, and 5, the J donated buildings listed in the separate sheet owned by the J to the plaintiffs on May 15, 2013 and completed the registration of ownership transfer on May 21, 2013. On November 17, 2011, the J may recognize the fact that between the defendants who operate the real estate brokerage office and the defendants who run the real estate brokerage office on the first floor of the building of this case, the portion (A) partially 30 square meters connected with each of the items in the separate sheet No. 1, 2, 3, 4, and 1 among the buildings listed in the separate sheet as a commercial building (hereinafter “instant store”), lease deposit money, monthly rent 1200,000 won, lease term, and real estate lease contract from December 13, 2011 to the office of real estate brokerage.

According to the above facts, it is apparent that the lease contract with the Defendants with regard to the store of this case was terminated as of the date of the closing of argument. Thus, the Defendants are obligated to deliver the store of this case to the Plaintiffs, who are the successors of the above lease contract, unless there are special circumstances.

As to the judgment on Defendant H’s defense, Defendant H asserts that the above lease contract was implicitly renewed.

The store in this case is subject to the Commercial Building Lease Protection Act. However, in accordance with Article 10(4) of the Commercial Building Lease Protection Act, if the J or the plaintiffs did not refuse the renewal of the lease between six months and one month before the expiration of the lease term, the implied renewal has been made. In full view of the purport of the entries and arguments in Eul 4, the fact that the J did not notify the rejection of the lease term or the change of the terms and conditions during the period from January 7, 2012 to December 7, 2013, which is six months before the expiration of the lease term, may not be proven otherwise. Thus, the lease agreement was implicitly renewed as of January 7, 2013.

On the other hand, as above.