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(영문) 춘천지방법원강릉지원 2020.10.13 2019가단35755

건물명도(인도)

Text

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is jointly and severally paid KRW 30,000,000 from the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On September 1, 2014, the Defendants agreed to the effect that “the term of lease shall be two years, and the term of lease shall be at least five years pursuant to the Commercial Building Lease Protection Act in order to protect the rights of facilities investment,” stipulating that “the term of lease shall be at least five years pursuant to the Commercial Building Lease Protection Act.”

(hereinafter referred to as the “instant lease contract”) B.

The Defendants received delivery of the instant leased object from D on October 1, 2014, and started the PC business at all times, and around that time paid KRW 30 million to D.

C. Meanwhile, the Plaintiff purchased the instant building from D on July 14, 2015, and succeeded to the lessor’s status under the instant lease agreement by completing the registration of ownership transfer thereafter on August 11, 2015.

After that, on July 12, 2019, the Plaintiff sent to the Defendants a notice stating that “the lessee has been automatically extended for two years (2 years from October 1, 2014 to September 30, 2016) of the lease term until every five years (5 years). The lessor, without re-contract with the lessee, is informed that this contract is terminated as of September 30, 2019, without any condition, and the thickness of the lessee sent to the lessor a notice stating that “the date for termination of the contract and the life order upon the expiration of the lease term (hereinafter “instant notice”). This reaches the Defendants on July 15, 2019 (hereinafter “instant notice”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the above facts of recognition as to the cause of the claim, this case is examined.