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(영문) 수원지방법원평택지원 2017.06.27 2016가단14084
건물명도
Text

1. On July 2, 2017, the Defendant indicated the attached drawings on the first floor of the building indicated in the attached list to the Plaintiff, i.e., the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 1, 201, the Plaintiff entered into a lease contract with the Defendant for the size of 50 square meters on the part of (i) store in the ship (hereinafter referred to as “instant store”) which connects son, ma, f, car, car, and son in sequence among the 1st floor of the building indicated in the attached Table (hereinafter referred to as “instant store”) and delivered the instant store to the Defendant, under which the lease deposit was KRW 10,000,000 for the rent month (al. 60,000,000 on July 1, 2014), and the lease term was from July 1, 201 to July 1, 2012 (hereinafter referred to as “the instant lease contract”).

B. The Defendant has registered its business and has been doing business at the store of this case until now.

C. On November 8, 2016, the Plaintiff notified the Defendant of the termination of the instant lease agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 6, the purport of the whole pleadings

2. Determination on the cause of the claim

A. Since the lease contract of this case was terminated due to the Plaintiff’s notice of termination of the lease contract, the Defendant is obligated to deliver the instant store to the Plaintiff.

Even if the lease contract is renewed on July 1, 2017, the lease contract is terminated, so the defendant is obligated to deliver the instant store to the plaintiff thereafter.

B. (1) In the case of a commercial building lease, if the lessor fails to notify the lessee of the refusal of the renewal or to notify the lessee of the change of the terms and conditions between six months and one month prior to the expiration of the term of the lease, the lease is deemed to have been renewed under the same conditions as the former one at the expiration of the term. The term of the lease is deemed to have not been fixed. As for the lessor, the term of the lease is deemed to be one year pursuant to Article 9(1) of the Commercial Building Lease Protection Act, and the lessor cannot terminate

According to the above facts, the instant lease agreement constitutes a commercial lease, and the period of the instant lease agreement on July 1, 2012.

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