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(영문) 서울남부지방법원 2014.06.13 2014가단207447

건물명도

Text

1. The defendant is paid KRW 20 million from the plaintiff and at the same time, among the real estate listed in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. On February 5, 1997, the Plaintiff and the Defendant entered into a lease agreement with the Defendant, setting the lease term as from February 5, 1997 to February 24, 199 with regard to the lease deposit amount of KRW 20 million, KRW 700,000 per month (the last rent was KRW 2,100,000 per month, by increasing the number of rents while renewed the contract over several times) on the part of the store (Ga) located in the attached list of real estate owned by the Plaintiff, and the Defendant paid the above lease deposit to the Plaintiff and received the delivery of the instant real estate so far.

B. From September 30, 2013 to February 7, 2014, the Plaintiff sent a content-certified mail demanding the Defendant to deliver the instant real estate at the expiration of the lease term under the instant lease agreement four times.

On October 10, 2013 and December 3, 2013, the Defendant sent a content-certified mail demanding the Plaintiff to renew the instant lease agreement on February 7, 2014 and February 13, 2014, and the content-certified mail reached the Plaintiff around that time.

[Reasons for Recognition: Facts without dispute, Gap 1, 2, 4, 5, Eul 1 and 2 (including each number), the purport of the whole pleadings]

2. Determination:

A. According to the above facts finding as to the cause of the claim, the instant lease agreement was explicitly renewed from February 4, 1999 to February 4, 2014, which is the expiration date, and its expiration expires upon the expiration of February 4, 2014. Thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff at the time of receiving KRW 20 million from the Plaintiff.

B. As to the defendant's defense, the defendant is entitled to the Commercial Building Lease Protection Act.