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(영문) 인천지방법원부천지원 2015.11.10 2015가단4896

건물명도등

Text

1. The defendant shall be the plaintiff.

(a) Out of the real estate listed in the attached list, the unit, (b) caused by a disaster, (c) force, and (d) of the attached list.

Reasons

1. Basic facts

A. On June 12, 2009, the Plaintiff leased the real estate indicated in the attached list to the Defendant with deposit deposit amounting to KRW 5,000,000, monthly rent amounting to KRW 850,000, and the lease period of KRW 24 months, which are linked in sequence to each point of the attached list, among the real estate indicated in the attached list.

(However, the Plaintiff and the Defendant decided to enter the deposit money in KRW 3,00,000 and KRW 500,000 each month in the lease contract (hereinafter “instant lease”).

Since then, the lease has been renewed and the defendant has occupied and used the real estate of this case until now.

C. The Plaintiff received KRW 90,000,000, plus KRW 50,000,000, on the pretext of public charges, etc., for every month from the Defendant. Around November 2013, the Plaintiff agreed to reduce the rent from the Defendant to KRW 800,000, which is the sum of KRW 50,000,00, plus the amount of money such as the above public charges, etc., from the Defendant. The Plaintiff received KRW 850,000 from the Defendant until October 2014.

On October 14, 2014, the Plaintiff notified the Defendant of the termination of the instant lease agreement.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the instant lease agreement between the Plaintiff and the Defendant was renewed on June 11, 2015 through implied renewal, and Article 10(4) of the Commercial Building Lease Protection Act provides that the term of the lease which has been impliedly renewed shall be one year’s term.

Since the Plaintiff, who is a lessor, expressed his/her intention to refuse to renew the instant lease agreement by notifying the Defendant, who is the lessee, the lessee, the lessee, the right to request the renewal of the lease agreement, Article 10(1) of the Commercial Building Lease Protection Act can only be exercised to the extent that the total term of lease, including the initial term of lease, does not exceed five years.