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(영문) 부산지방법원 2016.10.11 2016가단14948

건물명도

Text

1. The defendant is paid KRW 20,000,000 from the plaintiff, and at the same time, the first floor of the real estate stated in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. On January 6, 2012, the Plaintiff entered into a lease agreement with the Defendant with regard to KRW 20,000,000, monthly rent of KRW 850,000, and the lease term of KRW 24 months with respect to the lease deposit for the real estate indicated in the attached Table list (hereinafter “instant store”). On January 6, 2014, the Plaintiff renewed the said lease agreement by setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 1,000,000, and KRW 24 months for the lease term of 24 months.

(B) Tobacco table is a condition to confirm that it is a lessor’s right.

From October 2015, before the expiration of the renewed lease agreement, the Plaintiff consulted with the Defendant on whether to renew the said lease agreement. However, the Plaintiff agreed to deliver the instant store at the time of the expiration of the said lease agreement.

C. After February 2016, the Defendant moved to a neighboring commercial building of the instant store and continues to operate a convenience store including tobacco retail business. The instant store only has the minimum goods and occupies it against the Plaintiff’s request for delivery.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 5, Eul's 1 or 3, and the purport of the whole pleadings

2. Determination:

A. According to the above facts of recognition as to the cause of the claim, the defendant, around January 201, agreed with the plaintiff to terminate the lease by delivering the instant store at the time when the original defendant agreed to do not renew the contractual relationship with respect to the instant store at the time of the expiration of the lease contract with the plaintiff, and barring any special circumstance, the defendant is obligated to deliver the instant store to the plaintiff, barring any special circumstance.

B. As to the Defendant’s assertion 1, the Defendant believed that at least one year was extended due to the Plaintiff’s failure to comply with the notification of termination of the lease relationship or the return of the deposit for lease before the contract is concluded, and moved to the store on a full basis.