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(영문) 수원지방법원 2020.11.30 2020가단542365
건물인도
Text

The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

The costs of lawsuit shall be borne by the defendant.

Reasons

1. Facts of recognition;

A. On June 25, 2018, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff, setting the lease deposit amount of KRW 10,000,000, monthly rent of KRW 430,000, and the lease term from June 30, 2018 to June 29, 2019.

B. After that, the instant lease agreement was explicitly renewed from June 30, 2019 to June 29, 2020 on the grounds that both the Plaintiff and the Defendant did not express any particular intent regarding the instant lease agreement.

C. On February 25, 2020, the Plaintiff sent to the Defendant a content-certified mail containing an intention to refuse to renew the instant lease agreement (hereinafter “instant intent to refuse the renewal”), and the said content-certified mail sent to the Defendant on February 26, 2020.

【Reason for Recognition】 Each description of evidence 1 through 3 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiff’s content-certified mail, including the Plaintiff’s intention to refuse the instant renewal, reached the Defendant on February 26, 2020, and accordingly, the instant lease agreement was terminated upon the lapse of June 29, 2020, which is its duration.

I would like to say.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

B. As to this, the Defendant asserts to the effect that “The Defendant demanded the renewal of the instant lease agreement pursuant to Article 10(1) of the Commercial Building Lease Protection Act, so the instant lease agreement still remains valid.”

However, Article 10 (1) of the Commercial Building Lease Protection Act ("the Commercial Building Lease Protection Act") provides that the tenant shall not refuse the contract if the tenant requests the renewal of the contract between six months and one month before the expiration of the lease term.

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