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(영문) 광주지방법원 2016.05.20 2015가단49632
건물명도 등
Text

1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the real estate listed in attached Form 1.

2. The defendant (Counterclaim plaintiff).

Reasons

1. Facts of recognition;

A. On October 25, 2010, the Plaintiff entered into a lease agreement with the Defendant on the attached Form 1 (hereinafter “instant building”) with a deposit of KRW 25,00,000, monthly rent of KRW 600,000 (hereinafter “instant lease agreement”) from November 16, 2010 to November 16, 2012.

B. Around that time, the Defendant paid KRW 25,00,000 to the former lessee of the instant building, thereby paying the lease deposit to the Plaintiff, and instead of returning the lease deposit to the former lessee.

(See the bottom of the Special Agreement on Lease of this case)

The plaintiff and the defendant extended the lease period of paragraph (1) to November 16, 2014, changed the rent to KRW 700,000 per month, and thereafter, changed the rent to KRW 770,000 per month while extending the lease period.

On October 20, 2015, the Plaintiff notified the Defendant of the termination of the lease term of the instant lease on November 16, 2015, and the Defendant notified the Plaintiff of the purport that “The Defendant transferred the business that the Defendant had operated in the instant building to C, so the Plaintiff would have attempted to enter into a new lease contract with C,” around October 23 of the same year.

E. The laws and regulations relating to the instant case are listed in Appendix 2.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, purport of whole pleadings

2. Determination as to the principal lawsuit

A. In full view of the judgment 1-A as to the cause of the claim and the purport of the entire pleadings, the lease agreement on the instant building was concluded on November 16, 2014, and the Plaintiff and the Defendant renewed the lease without clearly setting the lease term.

Therefore, since the term of lease renewed under Article 9 (1) of the Commercial Building Lease Protection Act or Article 10 (4) of the same Act is one year, the lease contract has been terminated on November 16, 2015 after one year from that time.

Therefore, it is therefore.

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