logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 춘천지방법원영월지원 2020.04.08 2019가단1829
건물인도 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On November 17, 2017, the Plaintiff purchased a building listed in the separate sheet (hereinafter “instant building”) and completed the registration of ownership transfer in its name.

B. On September 30, 2017, the Defendant entered into a lease contract (hereinafter “instant lease contract”) with D, which was a partner of the instant building, by setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 500,000, and the lease term of KRW 24 months until September 30, 2019 (hereinafter “instant lease contract”). At present, the Defendant is operating a restaurant with the trade name “E” in the instant building.

C. On June 20, 2019, the Plaintiff notified the Defendant of the expiration date of the instant lease agreement, and sent a proof of the content that the Plaintiff requested the Defendant to increase the amount of KRW 1,00,000,000. Accordingly, on July 25, 2019, the Defendant sent a proof of the content that the Plaintiff requested the renewal of the said lease agreement to the Plaintiff.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 4 and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s assertion has 12 years since January 2007 since the Defendant leased the instant building and operated the restaurant, and no longer is required to renew the lease contract. Since the instant lease contract expired on September 30, 2019, the Plaintiff seek against the Defendant for the payment of unjust enrichment equivalent to the rent from the date of delivery and delivery of the instant building.

B. The Defendant’s assertion that the instant lease agreement is different from the previous lease agreement, and the Defendant may demand the renewal of the contract within the scope of ten years pursuant to Article 10(2) of the Commercial Building Lease Protection Act after the expiration of the instant lease agreement.

3. Determination

A. According to the above facts, the instant lease agreement was terminated on September 30, 2019, barring special circumstances.

B. As to the Defendant’s assertion on the renewal of the lease agreement, No. 5, and No. 1.

arrow