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(영문) 대구지방법원 2020.05.28 2019가단150099
건물인도
Text

1. The defendant points out of the 1st underground floor of the building listed in the attached list to the plaintiff each point of the indication of the attached drawing Nos. 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that operates a department store in the building listed in the attached list (hereinafter “instant department store”).

B. (1) On August 12, 2014, the Defendant started to rent part of the first floor of the instant department store for one year and operate the drinking store.

It was a condition that a certain ratio of sales was paid as a rental fee without a lease deposit.

After that, until August 11, 2017, lease was renewed on an annual basis.

(B) On August 12, 2016, the Plaintiff and the Defendant agreed to change the leased object to the part (A) of the ship (hereinafter referred to as “instant store”) (hereinafter referred to as “instant store”) connected in sequence of the description No. 1, 2, 3, 4, and 1 of the drawings at the previous place on August 12, 2017.

The period has increased until August 11, 2019 because one party has not notified the rejection of renewal within the one-year lease period.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-1, Gap evidence 3-1 and 3-2, the purport of the whole pleadings

2. Determination:

A. According to the facts established on the basis of the determination of the cause of the claim, the lease period of the instant store was terminated as of August 11, 2019.

The Defendant is obligated to deliver the instant store to the Plaintiff.

B. (1) The defendant's assertion that the contract was renewed since around July 2019, the defendant expressed that he would want to continue the lease to C, who is an employee in charge of the plaintiff.

(2) A lessee’s right to request renewal of the contract must be exercised from six months to one month before the expiration of the lease period.

(Article 10(1) of the Commercial Building Lease Protection Act. There is no evidence that the Defendant expressed to the Plaintiff the intent to renew the instant store lease contract within the said period.

Defendant’s defense is without merit.

The plaintiff C's staff member present as a witness will deliver the store of this case from the defendant.

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