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(영문) 서울중앙지방법원 2015.06.19 2015가단42351
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) from May 1, 2015 until the completion of delivery.

Reasons

1. Facts of recognition;

A. On April 1, 2013, the Defendant entered into a lease agreement with A and the attached list for the lease deposit of KRW 150 million, monthly rent of KRW 5460,000 (excluding value-added tax), management fees of KRW 1540,00,000, and the lease period of KRW 1540,000,000, from May 1, 2013 to April 30, 2015 (hereinafter “instant lease agreement”).

B. On March 25, 2014, the Plaintiff concluded a sales contract for the entire building including real estate listed in A and attached list, and completed the registration of ownership transfer on April 30, 2014.

C. On the other hand, on March 25, 2014, the Plaintiff newly drafted a lease agreement under the same conditions as the instant lease agreement with the Defendant and the lessor as the Plaintiff. However, even if the lessor requires the removal, remodeling, or reconstruction of all or part of the building for the purpose of the lease, the lessor added the terms of the lease agreement to the lessee as a special agreement, stating that “If it is necessary for the lessor to remove, remodel, or reconstruct the whole or part of the building for the purpose of the lease, the lessor will terminate the lease agreement by means of

On October 24, 2014, November 28, 2014, and January 12, 2015, the Plaintiff notified that the lease contract term will be terminated at the maturity on three occasions.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. According to the above facts of determination, since the date of entering into the instant lease contract is April 1, 2013, the provisions on the request for renewal of contract apply to the former Commercial Building Lease Protection Act (amended by Presidential Decree No. 12042, Aug. 13, 2013) (Article 2 of the Addenda (amended by Presidential Decree No. 2, Aug. 13, 2013), the amended Act applies to a lease contract entered into or renewed for the first time after the date of enforcement of the Act). The deposit under Article 2 (1) of the former Commercial Building Lease Protection Act of this case is KRW 696 million (= monthly rent of KRW 15,60,000 x KRW 5,000 x 10 million). Thus, the Defendant, a lessee, has the right to request renewal of the contract.

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