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(영문) 서울북부지방법원 2016.12.16 2016가단13632
건물명도등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Determination on both arguments

A. In the instant case where there is no dispute between the parties as to the fact that the Plaintiffs entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on December 30, 2014, which was attached to the date on which they acquired the ownership of the instant building, the Plaintiffs asserted that the term of the contract stipulated in the instant lease agreement ( April 4, 2016) has already expired as the cause of the instant claim, and that the instant lease agreement had been lawfully terminated, and that the Defendant sought the transfer of the instant building against the Defendant, the Defendant asserted that the instant lease agreement was lawfully renewed in accordance with Article 10 of the Commercial Building Lease Protection Act and the said renewed lease period still remains. Accordingly, the Plaintiffs’ claim for the transfer of each of the instant buildings cannot be complied with.

B. Therefore, if the purport of the entire pleadings is added to the statements in the following: (a) the Defendant first leased the instant building from D and E, which is the co-owners of the building of this case, to the end of April 5, 2013 to the end of April 4, 2016; (b) the date the ownership of the building of this case was transferred to the Plaintiffs; (c) the Plaintiffs newly drafted a lease agreement out of the attached Form; (d) the Plaintiffs requested the Defendant to transfer the building of this case by April 4, 2016, the lease term of which was the initial lease term agreed upon by the Defendant to the Defendant from January 4, 2016 (hereinafter “the notification of rejection of renewal”), and the Defendant’s use of the right to renew the lease of this case to the Plaintiffs on January 1, 2016 to the end of April 1, 2016.

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