logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.11.20 2018나1741
건물명도 등
Text

1. All the appeal filed by the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff)’s counterclaim filed by this court are dismissed.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On February 22, 2016, the Plaintiff and the designated person purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from E and completed the registration of ownership transfer on March 30, 2016.

B. On February 16, 2006, between E and E, the Defendant entered into a lease agreement with the term of 5,000,000 won for the instant real estate, 150,000 won per month for rent, and 24 months from February 16, 2006 for the term of lease (hereinafter “instant lease agreement”), and possessed and used the instant real estate.

Even after the expiration of the above lease term, the lease of this case was implicitly renewed several times.

C. On January 9, 2017, the Plaintiff and the designated person purchased the instant real estate as above, and succeeded to the lessor’s status of the instant lease agreement, and sent text messages to the Defendant on January 9, 2017, stating, “The termination date of the instant lease is the same as that of February 15, 2017.”

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. According to the provisions of Article 10(4) and (1) of the Commercial Building Lease Protection Act, in the case of the lease of commercial buildings as in the instant case, if the lessor fails to notify the lessee of the refusal to renew or to change the terms and conditions between six months and one month before the expiration of the lease term, the lease shall be deemed to have been renewed under the same conditions as the former lease at the expiration of the lease term. In this case, the lease term shall be deemed to be one year.

Therefore, if we look at the purport of the entire argument in the facts of the foregoing recognition, the instant lease contract has been implicitly renewed on a one-year basis from February 16, 2008, the day following the expiration date of the first lease contract, and further, the Plaintiff and the designated person who acquired the ownership of the instant real estate.

arrow