(영문) 서울중앙지방법원 2018.12.04 2018가단25470

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(영문) 서울중앙지방법원 2018.12.04 2018가단25470

임차목적 건물명도

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1. The plaintiff's claim of this case is all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From July 15, 2014 to April 17, 2015, the Plaintiff and the Defendant concluded a lease agreement that constitutes a deposit of KRW 50,000,000, monthly rent of KRW 5,000 with respect to all of the 2nd floor 362.60 square meters from among the buildings listed in the separate sheet, which are owned by the Plaintiff (hereinafter in this case, the lease object of this case).

B. On April 18, 2015, the Plaintiff and the Defendant renewed the lease agreement under the same conditions as the former lease term was extended by April 17, 2017, with respect to the leased object of this case as the deposit amount of KRW 50,000,000, monthly rent of KRW 5,950,000 (including management expenses) until April 17, 2017.

C. On January 16, 2018, the Plaintiff sent to the Defendant a certificate of content that the Plaintiff’s request for surrender following the termination of the lease agreement was made on April 17, 2018, which was the expiration date of the lease agreement, by the date on which the lease agreement was terminated.

Accordingly, on February 20, 2018, the Defendant sent a certificate of content to the Plaintiff by stating that “re-contract is requested” as the title of the written reply following the termination of the lease agreement, and around that time, the content certificate reaches the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3 (including virtual number; hereinafter the same shall apply), Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion and its determination are primarily sought an order for the object of the lease of this case following the expiration of the term of lease. Thus, in addition to the language and structure of Article 10 (1) through (3) of the Act and Article 10 (4) of the Act concerning the lessee's right to request renewal of the contract and notification of the lessor's refusal to renew the contract, the lessee's right to request renewal of the contract under Article 10 (1) of the Act intends to achieve the lessee's right to request renewal of the lease at his own initiative, while Article 10 (4) of the Act takes active measures against the lessor at the expiration of the term of lease relationship

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