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(영문) 서울중앙지방법원 2016.05.04 2015가단107395

건물명도

Text

1. Of the buildings listed in the attached list, the Defendant points out each of the following items 1, 2, 3, 4, and 1:

Reasons

1. Basic facts are based on the sub-lease (hereinafter “the sub-lease contract of this case”) with a deposit of KRW 10 million, monthly rent of KRW 80 million, and the period of sub-lease from April 1, 2014 to 24 months (hereinafter “the sub-lease contract of this case”). The fact that the Plaintiff delivered the store of this case to the Defendant around that time is not in dispute between the parties, or there is evidence No. 1, 2, 3, 4, 4, and 28.5m2 (including the Plaintiff’s seal, according to witness witness witness testimony) of the attached table No. 1, No. 1, 2, 203, 4, and 1, and 28.5m2 (hereinafter “the Plaintiff’s seal”) among the buildings listed in the annexed list leased by C from C on March 13, 2014. However, according to the aforementioned evidence, it can be acknowledged that D’s entire signature and seal of each of the Plaintiff.

2. Assertion and determination

A. According to the above facts, it is apparent that the sub-lease period stipulated in the sub-lease contract of this case has expired. Thus, the defendant is obliged to deliver the store of this case to the plaintiff unless there are special circumstances.

B. The Defendant’s argument regarding the instant sub-lease is alleged to require renewal of the instant sub-lease, so it is clear that the Defendant expressed his/her intent to request renewal of the instant sub-lease on March 16, 2016, which is the sixth day for pleading of the instant case. However, the lessee requests renewal of the contract between six months and one month before the expiration of the lease term. However, it is apparent that the Defendant’s intent to renew the contract was expressed one month after the expiration of the lease term of the instant sub-lease, and the lessee’s right to request renewal of the contract can only be exercised within the extent that the entire lease term, including the initial lease term, does not exceed five years.