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(영문) 서울중앙지방법원 2017.08.08 2017가단5091314
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 30, 2015, the Plaintiff entered into a lease agreement with the Defendant, and the Plaintiff, the Defendant-owned, with respect to the first floor 64 square meters of the building in the 144 Young-dong Hotel (hereinafter “instant building”) on the ground of the first floor of the building in the 144 Young-dong hotel (hereinafter “instant building”), with the lease deposit of KRW 650 million, monthly rent of KRW 40140,00,000, and the lease term from January 1, 2016 to March 31, 2017 (hereinafter “instant lease agreement”), and operated the so-called age club upon delivery of the instant building.

B. On January 5, 2016, the Defendant filed a petition against the Plaintiff for the instant lease agreement on the following grounds: (a) the instant building name map No. 2016 of the instant court; and (b) the same year.

3. The protocol of compromise (hereinafter referred to as “instant protocol of compromise”) was prepared on the 28th anniversary of the filing of a lawsuit by the telephone, and the content thereof is as shown in the attached clause of compromise.

C. Meanwhile, on December 28, 2016, the Defendant notified the Plaintiff of the refusal to renew the instant lease agreement, and on February 3, 2017, the Plaintiff demanded the Defendant to renew the term under Article 10(1) of the Commercial Building Lease Protection Act.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 7 through 9, 11, Eul evidence Nos. 3, 14 through 16 (including paper numbers), and the purport of the whole pleadings

2. The assertion and judgment

A. The main text of Article 10(1) of the Commercial Building Lease Protection Act provides that "a lessee may not refuse a request for renewal of a contract made between June and January before the expiration of the term of lease without justifiable grounds," and the agreement contrary to the above provision is null and void pursuant to Article 15 of the same Act that is unfavorable to the lessee.

As seen earlier, the Plaintiff requested the Defendant to renew the instant lease agreement, and the part that stipulates that the instant lease agreement shall not be immediately returned and renewed upon the expiration of the period of the instant lease agreement among the instant protocol of protocol.

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