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(영문) 서울남부지방법원 2019.08.22 2018가단250739

건물명도(인도)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 15, 2016, the Defendant: (a) on July 15, 2016, between the lessor and one other, the Seoul Yangcheon-gu.

D. On the 6th floor above the 1st floor above the 1st floor above the 5th floor above the ground, the lease deposit is KRW 120 million, KRW 7 million per month, and KRW 7 million per month, and the lease contract of this case was concluded between July 15, 2016 and August 24, 2018, and "the lease contract of this case" was concluded, and the 5th floor below the 5th floor and the 6th floor in the purport of the purport of the claim was occupied, and the massage place was operated. (b) On December 30, 2016, the Plaintiff purchased the building in the separate list containing the store of this case from C and 1, and succeeded to the status of lessor and 1 other than C by completing the registration of ownership transfer under its name. 【No dispute over the grounds for recognition, the entries in subparagraphs 1 and 4, and the purport of the whole pleadings as a whole.

2. Determination as to the cause of action

A. 1) The Plaintiff asserts that the term of the instant lease agreement has expired, and the Defendant is obligated to deliver the instant store to the Plaintiff and pay unjust enrichment per rent from the day following the expiration date to August 24, 2018. 2) The fact that the term of the instant lease agreement expires on August 24, 2018 is as stated in paragraph (1). However, according to the evidence No. 3-2, the Defendant sent content-certified mail to the Plaintiff on March 7, 2018, between six months and one month before the expiration date of the said term and then demanded renewal of the contract pursuant to Article 10(1) of the former Commercial Building Lease Protection Act (amended by Act No. 15791, Oct. 16, 2018). Thus, the said lease agreement was renewed under the same conditions as that of the previous lease pursuant to Article 10(3) of the said Act.

3. As to this, the Plaintiff’s lease period exceeds five years, the contract renewal is made pursuant to Article 10(2) of the above Act.