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(영문) 서울중앙지방법원 2017.07.19 2017가단5010537
건물명도(인도)
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On January 13, 2015, the Plaintiffs purchased buildings listed in the separate sheet from D (hereinafter “instant building”) owned by them and completed the registration of ownership transfer on March 30, 2015.

B. On August 27, 2014, the Defendant: (a) indicated in the attached Form No. 1, (2), (3), (4), (5), (6), (1), and (2) indicated in the attached Form No. 107.48m2 (hereinafter “instant store”) on the leased term from September 11, 2014 to September 10, 2016; (b) leased the leased deposit amount of KRW 40 million; (c) monthly rent of KRW 350,000 (including value-added tax) (hereinafter “instant lease”); and (d) agreed, at the time of the lease agreement, the lessee, upon the lessor’s request due to reconstruction, sale, etc. after the expiration of the lease term, provided that “The lessee may name the instant store without demanding any premium, facility cost, etc. from the lessor (hereinafter “the instant special agreement”); and (d) took delivery of the instant store from around that time, and used the instant store as the place of business.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The Plaintiffs asserted that the Defendant entered into the instant lease agreement, including the instant special agreement with D, and the Plaintiffs acquired the lessor’s status from D, and expected to reconstruct the instant building, and obtained a building permit from the competent Gu office around February 2016 and sought the restoration of possession of the instant store. As such, the Defendant’s delivery of the copy of the instant complaint to the Defendant, as a delivery of the copy of the instant lease agreement, seeks to terminate the instant lease agreement and seek payment equivalent to the rent from the date of completion of the instant store’s name and name.

B. Determination of a lessor does not refuse a lessee’s request for renewal of the contract between six months and one month before the expiration of the lease term (Article 10(1) of the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”).

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