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(영문) 서울남부지방법원 2015.02.05 2014가단40064

건물명도

Text

1. The defendant shall display the annexed drawings among the 131.97 square meters of the land floor and the 1st floor among the buildings listed in the attached list to the plaintiff.

Reasons

On August 31, 2013, the Plaintiff and the Defendant entered into a contract with the Plaintiff on the lease of 70 square meters in part (A) to the Defendant from August 31, 2013 to August 30, 2014, among the buildings listed in the separate sheet (A) No. 131.97 square meters of land and 131.97 square meters of land among the buildings listed in the separate sheet (A) and 1st floor (D.1).

According to the above facts, the lease contract between the plaintiff and the defendant is terminated at the expiration of the term, so the defendant is obligated to deliver the above lease object to the plaintiff.

On this issue, the defendant asserts to the effect that the lease contract was not terminated since the contract renewal was demanded to the plaintiff.

On July 2, 2014, which was one month before the termination of the lease agreement, the Defendant demanded the Plaintiff to renew the lease agreement. Thus, the above lease agreement was renewed on July 2, 2014.

However, a lessee’s right to request renewal of a lease can only be exercised within the extent that the whole period of lease, including the initial period of lease, does not exceed five years. In full view of the written evidence Nos. 1 through 6, Nos. 1 and 2, the Plaintiff purchased buildings indicated in the separate sheet No. 2 from B on August 23, 2012 and completed the registration of ownership transfer on October 22, 2012. The Defendant concluded a lease contract with B on August 23, 2008 with respect to the leased object, and finally concluded a lease contract with the Plaintiff, which acquired ownership from B during which the lease was renewed on August 31, 2013, and the Plaintiff notified the Defendant of the termination of the lease on July 1, 2014.