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(영문) 서울남부지방법원 2020.01.14 2019가단206401
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

1. Basic facts

A. On December 19, 2014, the Defendant leased the building indicated in the attached list (hereinafter “instant building”) from C to January 29, 2019 as the term of lease from January 30, 2015 to January 29, 2019, KRW 265 million.

(hereinafter “instant lease agreement”). The Defendant and C stipulated that “The deposit for lease on a deposit basis when the present lessee is to renew the contract at the expiration of the term of the contract shall be deemed to have no change (the priority of the re-contract shall be given to the present lessee)” as a special agreement.

(hereinafter “instant special agreement”). The Defendant obtained the fixed date on February 2, 2015 and resides in the instant building until now.

B. D purchased the instant building from C on November 15, 2014 in KRW 42 million and completed the registration of ownership transfer on January 30, 2015.

On June 24, 2017, the Plaintiff purchased the instant building in KRW 479 million from D and succeeded to the status of a lessor after completing the registration of ownership transfer on October 27, 2017.

C. On August 27, 2018, and December 3, 2018, the Plaintiff notified the Defendant of the refusal to renew the instant lease agreement.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 5 evidence, Eul 3 evidence, the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the parties’ assertion 1) The Plaintiff’s instant lease agreement terminated on January 29, 2019, and the Defendant must deliver the instant building to the Plaintiff. 2) As the Plaintiff succeeded to the lessor’s status, the Defendant is liable to perform the instant special agreement.

The plaintiff shall conclude a renewal contract with the defendant.

B. Determination 1) The lease term stipulated under the instant lease agreement expired on January 29, 2019, and the fact that the Plaintiff notified the Defendant of the refusal of renewal from six months to one month before the expiration of the lease term is as seen earlier. Therefore, barring any special circumstance, the instant lease agreement was terminated on January 29, 2019. 2) As to the instant special agreement.

The aforementioned facts and arguments are all acknowledged.

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