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(영문) 서울중앙지방법원 2014.07.24 2013가단284304

점포명도등

Text

1. The defendant shall receive KRW 150,000,000 from the plaintiff, and at the same time real estate stated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. On April 28, 2012, the Plaintiff entered into a lease agreement with the Defendant to lease the real estate listed in the separate sheet (hereinafter “instant real estate”) by setting the lease deposit of KRW 150,000,000, monthly rent of KRW 6,000,000, and from May 5, 2012 to May 5, 2014 (hereinafter “instant lease agreement”).

B. On July 9, 2013, the Plaintiff sent to the Defendant a certificate of content requiring the transfer of the instant real estate after the expiration of the instant lease agreement, and was served on the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings

2. According to the above findings of the determination on the cause of the claim, the instant lease was terminated on May 5, 201, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring any special circumstance.

3. Defendant’s assertion and judgment

A. 1) The Commercial Building Lease Protection Act (amended by Act No. 12042, Aug. 13, 2013) (hereinafter “Revised Act”) is amended.

() Pursuant to Articles 2(3) and 10(1), the Defendant demanded the renewal of the instant lease agreement to the Plaintiff on or around February 14, 2014, which was two months before the expiration of the instant lease agreement, and the instant lease agreement was renewed under the same conditions pursuant to Article 10(3) of the amended Act. 2) In addition, the Defendant’s duty to deliver the instant real estate and the Plaintiff’s duty to return the lease deposit are concurrently performed. Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff at the same time upon receiving KRW 150,00,000 from the Plaintiff.

B. 1) Determination on the assertion of contract renewal is based on Article 2(1) of the Regulations on the amended Act (Scope of Application). This Act applies to the lease (including the case where the main part of the leased object is used for business purposes) of commercial buildings (referring to buildings subject to business registration under Article 3(1)).