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(영문) 전주지방법원 2017.09.06 2016가단7380

건물명도

Text

1. The defendant is against the plaintiffs:

(a) Of the buildings listed in the separate sheet, each point in the separate sheet No. 1, 2, 3, 4, and 1;

Reasons

1. Basic facts

A. Plaintiff A is the owner of the building indicated in the attached list on the land in the Jeonju-si, Jeonsan-gu, 356.8 square meters, and Plaintiff B is the owner of the building indicated in the attached list on the land.

B. The Plaintiffs and the Defendant concluded a lease agreement with regard to the portion (a) of 19.635 square meters on board (hereinafter “instant store”) connected in sequence of the items indicated in the attached Table Nos. 1, 2, 3, 4, and 1 among the buildings listed in the attached Table Nos. 19.635 square meters (hereinafter “instant store”) from March 15, 2014 to March 14, 2016; the deposit amount of KRW 160,000; and the rent of KRW 3,00,000 per month.

C. On February 2016, the Defendant demanded that the Plaintiffs renew the above lease agreement according to the previous conditions, and the Plaintiffs notified the Defendant that “if the lease agreement is not concluded under the changed conditions, such as increase in rent, it shall refuse the said request.”

Meanwhile, the Defendant did not pay the rent from March 14, 2016. On January 18, 2017, the Plaintiffs expressed their intent to “the said lease agreement is terminated on the ground that the Defendant’s rent was not paid.”

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, 3 (including paper numbers; hereinafter the same shall apply), Eul 1 and 6, the purport of the whole pleadings and arguments

2. Summary of the parties’ assertion

A. In light of the amount of deposit, the above lease agreement does not apply to the Commercial Building Lease Protection Act (hereinafter “Act”), and the defendant does not have the right to demand the renewal of the contract to the plaintiffs.

Even if the above rights exist, the Plaintiffs are entitled to refuse the Defendant’s request for the renewal of the lease because they fall under Article 10(1) Subparagraph 8 of the Act, and the said lease agreement was terminated on March 14, 2016.

Furthermore, even if the above lease was renewed, the Defendant did not pay the rent after March 14, 2016.