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(영문) 청주지방법원 2013.11.07 2013가단10727
건물명도
Text

1. The claims against the Defendants by the Plaintiff (Appointed Party) and the Appointed D are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 4, and Eul evidence 2-3:

On October 28, 2010, the Plaintiffs leased (hereinafter “instant lease agreement”) to the Defendants as of January 10, 2013, the entire number of the first floor building in Cheongju-si E and F lot number (hereinafter “instant building”) was KRW 20,000,000, monthly rent, KRW 900,000, and the lease term was extended to January 10, 2013.

B. On January 25, 2011, Defendant B has completed the business registration with the content of the GPC bank, type of business, type of service business, type of business: the PC bank, and type of business at the Dong Office:

2. Judgment on the grounds of the plaintiffs' claims

A. The Plaintiffs asserted that the instant lease agreement was terminated due to the expiration of the period on January 10, 2013, and thus, the Defendants are obligated to return unjust enrichment equivalent to the rent of the instant building to the Plaintiffs until the time of delivery.

(b) Article 2 (Scope of Application) (1) of the Commercial Building Lease Protection Act (hereinafter referred to as the "Act") shall apply to the lease (including the case where the main part of the leased object is used for business purposes) of commercial buildings (referring to buildings subject to business registration under Article 3 (1)).

Provided, That this shall not apply to lease the amount of security deposit exceeds that prescribed by Presidential Decree.

(2) The amount of security deposit under the proviso to paragraph (1) shall be determined by classifying it by area in consideration of economic conditions of the relevant area, the scale of lease object, etc., but if it is the difference other than the security deposit, it shall include the amount converted by the rate prescribed by Presidential Decree by taking into account the loan interest rate, etc. of banks under the Banking

Article 3 (Lease, etc.) (1) Even in cases where there is no registration, the lessee shall deliver the building.

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