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(영문) 서울중앙지방법원 2016.05.26 2016가단16892
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Basic facts

A. The Plaintiff leased real estate listed in the attached list owned by the Plaintiff (hereinafter “instant commercial building”), KRW 8 million monthly rent, KRW 8 million monthly rent, and KRW 800,000,000 on March 24, 2009 (hereinafter “first lease”) to the Defendant on March 23, 2010, the Plaintiff continued to lease the real estate after increasing the deposit and monthly rent each year, with the end of March 24, 2015, and leased it again by setting the deposit and monthly rent up to March 24, 2015.

(hereinafter referred to as “the lease of this case”). B.

On January 20, 2016, the Plaintiff notified the Defendant of his/her intention to refuse to renew the lease of this case.

[In the absence of dispute, Gap 1 through 3, the purport of the whole pleading]

2. According to the above facts of recognition as to the cause of the claim, since the lease of this case ends by the expiration of the term and the plaintiff's intention to refuse the contract renewal, the defendant is obligated to deliver the commercial building of this case, which is the object of lease

3. Judgment on the defendant's assertion

A. The allegation that the lease of this case is a renewed contract by agreement rather than the unilateral request for renewal of the contract by the defendant, who is a lessee. Thus, the defendant has the right to request renewal of the contract within the extent of not exceeding five years including the contract period of this case.

Therefore, the defendant requested the plaintiff to renew the lease contract of this case within the period stipulated by the Commercial Building Lease Protection Act, and accordingly, the lease contract of this case was renewed under the same conditions, and therefore, the plaintiff's request for delivery premised on the termination of the lease of this case is without merit

(b) Determination lessee’s right to request renewal of a contract may be exercised only to the extent that the whole term of lease including the initial term of lease does not exceed five years, and the above whole term of lease includes the renewed term by agreement between the parties.

The lease of this case begins with the first lease.

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