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(영문) 수원지방법원 2020.02.19 2019가단549506
건물인도 등 청구의 소
Text

1. The defendant shall receive KRW 20,000,000 from the plaintiff and at the same time shall provide each real estate listed in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. On August 11, 2017, the Plaintiff leased a rental deposit of KRW 200,000, monthly rent of KRW 1,200,000, and the rental period of KRW 1,200,000, and from August 12, 2017 to August 11, 2018, the Plaintiff, upon the Defendant’s request for renewal, leased the rental deposit of KRW 20,000,000, monthly rent of KRW 1,260,00,000, and the lease period of KRW 960,00,00 from August 12, 2018 to August 11, 2019 (hereinafter the instant lease contract).

B. On July 10, 2019, the Plaintiff notified the Defendant that the instant lease agreement should be terminated without renewal due to the Defendant’s request for renewal by content-certified mail. On July 11, 2019, the said mail reached the Defendant around 10:51 on July 11, 2019.

[Evidence: Evidence Nos. 1 through 4 (including paper numbers), and the whole purport of oral argument]

2. Article 10 of the Commercial Building Lease Protection Act provides, “(1) Where a lessee requests renewal of a contract between six months and one month before the expiration of the lease term, a lessor shall not refuse it without justifiable grounds. ④ If a lessor fails to notify the lessee of the refusal of renewal or the change of the terms and conditions within the period prescribed in paragraph (1), he/she shall be deemed to have leased under the same conditions as the former lease at the expiration of the lease term. In such cases, the lease term shall be deemed one year.”

In addition, Article 157 of the Civil Act provides, “If the period has been fixed by the day, week, month or year, the first day of the period shall not be included in the calculation: Provided, That this shall not apply if the period begins at midnight.”

According to the above facts, the expiration date of the lease contract of this case is August 11, 2019, and it means 24:00 on that date. Thus, the Plaintiff, a lessor, is the lessor.

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