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(영문) 서울중앙지방법원 2017.06.28 2016가단5194438

건물인도 등

Text

1. The defendant shall be the plaintiff.

A. At the same time, the Plaintiff received KRW 140,000,000 from the Plaintiff and at the same time the real estate listed in the attached list.

Reasons

1. Basic facts

A. The Defendant, from July 1991, was completed with the 6th floor D building in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant building”), was operating a person who leased real estate indicated in the separate sheet, which was the 1st floor of the instant building, to now, and operated as “E” in the trade name.

B. Around July 2014, the Defendant: F representing co-owners of the instant building; and on real estate listed in the separate sheet, the lease agreement was renewed by setting the lease deposit of KRW 140,000,000, monthly rent of KRW 3,410,000 (including value-added tax); and the lease term of KRW 1,81,00,00 from August 1, 2014 to July 31, 2015 (hereinafter “instant lease agreement”).

C. On October 19, 2015, the Plaintiff purchased the instant building from co-owners of the instant building and completed the registration of ownership transfer under the Plaintiff’s name on November 19, 2015.

On April 6, 2016, the Plaintiff was scheduled to perform a large-scale repair work on the instant building. As such, the Plaintiff sent a certificate that contains an expression of intent to refuse the renewal of the instant lease agreement, and the said certificate was delivered to the Defendant at that time.

[Grounds for recognition] The descriptions and images of Gap evidence Nos. 1 through 5, and the purport of the whole pleadings

2. Determination

A. The instant lease agreement, based on the determination on the cause of claim, shall be deemed renewed on the same condition as the lease term of one year, barring any circumstance to deem that there was a notification of the lessor of the refusal of the renewal or the alteration of the terms and conditions between six months and one month prior to the expiration date of the lease term (as of July 31, 2015), barring such circumstance (Article 10(4) of the Commercial Building Lease Protection Act), and the renewed lease term (as of July 31, 2016), the Plaintiff who succeeded to the lessor’s status prior to the expiration date of the lease term was notified of the rejection of the renewal.

Therefore, the defendant, barring special circumstances, receives KRW 140,00,000 from the plaintiff as requested by the plaintiff, and deliver the real estate stated in the attached list to the plaintiff.