(영문) 제주지방법원 2015.02.05 2014가합2163

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(영문) 제주지방법원 2015.02.05 2014가합2163

건물명도 등

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. According to the purport of the evidence Nos. 1 and 2 as well as the entire pleadings, the Plaintiff, on May 1, 201, leased (hereinafter “instant lease agreement”) the real estate (Cins) listed in the attached Table No. 1 as indicated in the attached Table No. 20 million won per annum, annual rent of KRW 12 million, and the lease term of KRW 36 months from May 1, 201, to the Defendant on May 1, 201. In concluding the instant lease agreement, the Plaintiff entered into the instant lease agreement, and entered into an agreement to change the business license right listed in the attached Table No. 2 in the name of the Defendant, but at the time of termination of the contract, entered into an agreement to change

2. The Plaintiff asserted by the parties against the Defendant, asserting that the term of the instant lease agreement was expired on April 30, 201, the period from May 1, 201 to 36 months, and sought the delivery of real estate as indicated in paragraph (1) of the attached Table and the implementation of the procedure for change of the name of business license as indicated in Paragraph (2) of the attached Table.

The defendant asserts that the lease contract of this case is renewed in accordance with Article 10 of the Commercial Building Lease Protection Act and still remains valid.

3. The judgment of this case is subject to the Commercial Building Lease Protection Act pursuant to Article 2 of the Commercial Building Lease Protection Act and Article 2 of the Enforcement Decree of the same Act [the deposit KRW 20 million x 10 million x 10 million x 10 million ], and Article 10 (4) of the above Act provides that "if a lessee fails to notify the lessee of the refusal to renew the lease or of the change of the terms and conditions between six months and one month before the expiration of the lease term, the lease shall be deemed to have been renewed under the same conditions as the former lease at the expiration of the lease term. In this case, the term of the lease shall be deemed one year." The plaintiff fails to submit evidence to prove that he has notified the defendant of the refusal to renew the lease between six months and one month before the expiration of the lease term of this case, and the term of the lease of this case shall be the same in accordance with the above provisions.

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