beta
(영문) 창원지방법원통영지원 2015.01.22 2014가단13326

건물명도 등

Text

1. The defendant shall be the plaintiff.

A. Of the one-story of the building indicated in the attached list 86.51 square meters, the attached Form No. 1, 2, 3, 4, 5, 6, 1 shall be indicated in the attached list.

Reasons

1. Facts of recognition;

A. On September 18, 2012, the Plaintiff leased the leased property amounting to KRW 10 million, monthly rent of KRW 80,000,000,00,000 to the Defendant for two years from September 19, 2012 to September 18, 2014, each point of (A) part of 63.64 square meters in the attached Form No. 1, 2, 3, 4, 5, 6, and 1, among the one-story 86.51 square meters of the building listed in the attached list, to the Defendant.

B. The Defendant received the instant real estate and operated a licensed real estate agent office.

C. The Defendant paid monthly income to the Plaintiff up to October 2014.

[Ground of recognition] Facts without dispute, entry of Gap1 to 3 evidence (including additional number), purport of the whole pleadings

2. The assertion and judgment

A. 1) According to the above facts, the Defendant is obligated to deliver the instant real estate to the Plaintiff inasmuch as the term of the lease agreement on the instant real estate has expired. 2) The Defendant’s argument as to the Defendant’s demand to renew the lease agreement on the instant real estate was asserted to the effect that the contract was renewed in accordance with Article 10 of the Commercial Building Lease Protection Act.

Where a lessee requests renewal of a contract between six months and one month prior to the expiration of the lease term, the lessor of the house for life may not refuse such request without justifiable grounds, but where the lessor needs to recover possession of the building for the purpose of removing or rebuilding all or most of the building for the purpose, he/she may refuse such request for renewal of the contract.

[Article 10(1)7 of the Commercial Building Lease Protection Act (amended by Act No. 11873, Jun. 7, 2013). According to the aforementioned evidence and the video of evidence No. 5, etc., the Plaintiff needs to recover possession of the instant real estate for reconstruction, and it is recognized that the Plaintiff notifies the Defendant that he/she did not intend to renew the contract.

According to this, this case's real estate is related.