logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.11.14 2016가단5292899
건물명도
Text

1. The Defendant (Counterclaim) receives KRW 150,000,000 from the Plaintiff (Counterclaim Defendant) at the same time.

Reasons

A principal lawsuit shall also be deemed a principal lawsuit.

1. Basic facts

A. On August 12, 2009, Plaintiff B leased the instant store to the Defendant from August 12, 2009 to June 15, 2010 by setting the lease term as KRW 100 million, lease deposit as KRW 100 million, and KRW 2.5 million per month, and thereafter the said lease has been implicitly renewed.

B. On November 30, 2015, the Plaintiffs leased the instant store to the Defendant, from November 30, 2015 to November 29, 2016, with the lease deposit amounting to KRW 150 million, and KRW 350,000 per month of rent (hereinafter “instant lease agreement”).

C. On October 28, 2016, the Plaintiffs sent to the Defendant a content-certified mail stating that “The term of the lease contract expires on November 29, 2016, and the term of the contract expires to request the presentation of the instant store at the expiration of the term of the contract,” which reaches the Defendant on October 31, 2016.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. Determination on the main claim

A. According to the facts found above, the instant lease agreement was terminated on November 29, 2016.

Therefore, the defendant is obligated to deliver the store of this case to the plaintiffs, except in special circumstances.

B. The Defendant asserts that the instant lease agreement was legally renewed until November 29, 2017, since the Plaintiffs did not notify the Plaintiffs of the rejection of renewal one month prior to the expiration of the instant lease agreement, and accordingly, the Plaintiffs asserted that the instant lease agreement was terminated by the expiration of the period, since the instant lease is not a lease subject to the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”).

On October 31, 2016, the content-certified mail indicating that the plaintiffs did not intend to renew the instant lease agreement, which reaches the defendant on October 31, 2016, which is the expiration date of the instant lease agreement.

arrow