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(영문) 서울남부지방법원 2015.07.30 2015가단207819
건물명도
Text

1. The defendant shall indicate to the plaintiff the attached drawings in the C Station Transfer Route in Yeongdeungpo-gu Seoul Metropolitan Government, 1, 2, 3, 4.

Reasons

According to the evidence Nos. 1 and 2 (including the virtual number) of the Plaintiff and the Defendant, on June 23, 201, determined the maximum operating period of the shop as “the date of June 30, 201,” and concluded a specialized store operation contract (the contract is terminated due to the arrival of the last operating period; Article 41(1)) with respect to the store as indicated in the order of the Defendant and renewed it each year after concluding the contract. ② The Plaintiff notified the Defendant of the termination of the contract from June 2, 2014 to “ September 30, 2014” (the return date of the said store is “ October 15, 2014” and “ October 28, 2014,” in turn, according to the Defendant’s refusal to return.

According to these facts, the defendant is, in principle, obligated to return the above store to the plaintiff.

The defendant asserts that "the above contract was renewed by exercising the right to request renewal of the contract under Article 10 of the Commercial Building Lease Protection Act," but even if the above contract contains some elements of the lease as the defendant's assertion.

According to the evidence No. 1, it is clear that the above contract does not constitute a lease in terms of its content (and even if there is no evidence to acknowledge the fact that the defendant's request for renewal before the termination of the contract). The above argument is without merit.

If so, the plaintiff's claim is reasonable and acceptable.

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