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(영문) 청주지방법원 영동지원 2018.09.07 2017가단4804
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. In addition to the purport of the entire pleadings in the evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff, on May 15, 2015, leased real estate listed in the separate sheet (hereinafter “instant building”) to the Defendant on May 15, 2015, with a deposit of KRW 30 million, KRW 14 million monthly rent, and the lease period from May 15, 2015 to May 14, 2017. The Defendant may recognize the fact that the instant building operated a singing business.

According to the above facts, it is apparent that the above lease contract was terminated upon the expiration of the term, and thus, the defendant is obligated to deliver the building to the plaintiff, unless there are special circumstances.

As the defendant asserts that the above lease contract was implicitly renewed, the term of the lease contract which was implicitly renewed under Article 10 (4) of the Commercial Building Lease Protection Act is one year, and it is apparent that the lease contract was terminated on May 14, 2017, since the term of the lease contract was 1 year later.

The defendant's argument is without merit.

2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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