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(영문) 서울동부지방법원 2017.11.14 2017가단17109
건물명도 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Between the Plaintiff’s decedent C, the Defendant entered into a contract with C to lease the instant store from August 15, 2015 to August 15, 2017, setting the lease deposit of KRW 15 million, and monthly rent of KRW 800,000 (hereinafter “instant lease contract”) with C, and operates the restaurant from August 15, 2015 to after having registered the instant store with the trade name “D restaurant” at the instant store.

B. Following the death of C, the Plaintiff completed the registration of ownership transfer on April 28, 2016 with respect to the real estate stated in the separate sheet due to the inheritance due to the division held on April 15, 2016, and succeeded to the lessor’s status under the instant lease agreement.

C. After that, on May 18, 2016, the Plaintiff again drafted the instant lease agreement with the Defendant, stating that it would follow the Plaintiff’s decision after the expiration of the said lease term.

On June 7, 2017, the Defendant demanded the Plaintiff to renew the instant lease agreement pursuant to Article 10 of the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”) through content-certified mail, and the said content-certified mail reached the Plaintiff around that time.

E. On June 9, 2017, the Plaintiff sent to the Defendant a content-certified mail to the effect that “the instant store is handed over according to the expiration of the instant lease term as stated in the above C.C.,” and the said content-certified mail reached the Defendant around that time.

[Reasons for Recognition] Evidence Nos. 1 through 3, Evidence No. 1, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the instant lease agreement expired on August 15, 2017.

Therefore, the defendant is obligated to deliver the store of this case to the plaintiff and pay the amount of money calculated by applying the rate of 80,000 won per month to the rent from August 15, 2017 to the completion date of the above delivery.

B. Prior to judgment.

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