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(영문) 울산지방법원 2015.04.01 2014가단31010

건물명도 등

Text

1. The Defendants’ respective points out of the building indicated in the separate sheet to each of the Plaintiff are indicated in the separate sheet Nos. 1, 2, 3, 4, and 1.

Reasons

1. On November 9, 2006, the Plaintiff: (a) leased (hereinafter “the instant lease”) a deposit of KRW 1,000,000, rent of KRW 400,00, and KRW 24,000 for a lease period of KRW 24 months to Defendant B, which connected each point of the items indicated in the separate sheet among the buildings listed in the separate sheet; (b) on November 9, 2006, the Plaintiff sent to Defendant B a certificate to the effect that the instant lease is terminated as of November 20, 2014; and (c) around that time, Defendant A received the above certification; and (d) Defendant C did not have any dispute between the parties to the instant lease and the Defendants jointly possess the instant store, or is recognized in full view of the following facts: (a) the instant lease was implicitly renewed; and (b) the Plaintiff sent to Defendant B a certificate to the effect that the instant lease was terminated as of November 20, 2014; and (c) the Defendants jointly possess the instant store with Defendant B’s children.

According to the above facts, the lease of this case was terminated upon the expiration of the term.

Therefore, the defendants are obligated to deliver the building of this case to each plaintiff, except in special circumstances.

2. On May 10, 2013, the Defendants asserted that the Plaintiff’s request for the delivery of the instant store was unreasonable, as the Plaintiff entered into a new lease agreement with Defendant C on May 10, 2013, setting the lease period of 24 months.

In this regard, the Plaintiff asserted that Defendant B changed the lessee’s entry in the instant lease to Defendant C in order to receive an old pension, and changed its business registration so that Defendant C prepared a lease agreement to Defendant C and did not conclude a new lease agreement.

However, the lease period under the above lease contract is written from November 8, 2008 to 24 months since the date of preparation of the store of this case. The lease period under the above lease contract is written from May 10, 2013, the lease contract of this case is valid.