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(영문) 대구지방법원 2020.05.12 2019가단9597
건물인도 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 14, 2016, C entered into a lease agreement with the Defendant on the condition that the leased part of the instant building, which was owned by C at the time, is KRW 150 million, monthly rent of KRW 4,300,000,000, and the term of lease from May 17, 2016 to May 16, 2019 (hereinafter “instant lease agreement”). The Defendant received the leased part of the instant building from the Defendant and used it as “D direct management store.”

B. The Plaintiff entered into a sales contract with C on March 10, 2017 for the instant building, and completed the registration of ownership transfer on May 30, 2017.

C. On June 9, 2017, the Plaintiff entered into an additional modification agreement with the Defendant that the Plaintiff succeeds to the instant lease agreement.

On April 1, 2019, the Plaintiff sent to the Defendant a certificate indicating that the instant lease agreement was terminated due to the expiration of the lease term.

E. On April 11, 2019, the Plaintiff, on April 26, 2019, sent to the Defendant a certificate of the content that the instant lease agreement should be renewed pursuant to Article 10(1)7 of the Commercial Building Lease Protection Act, since the instant building is likely to collapse due to a panel assembly-type building and a wornout, it is anticipated to remove the said building and build a new four-story building. As such, the Plaintiff could refuse to renew the instant lease agreement. As such, the Plaintiff sent a certificate of the content that the leased portion should be delivered by May 16, 2019

F. Accordingly, the defendant has the same year as April 5, 2019.

5. 7. The Plaintiff could not deliver the leased portion of the instant lease to the Plaintiff, and the text message demanding the renewal of the instant lease agreement was sent.

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1, 3, 4, 5-9 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Assertion and determination

A. On August 25, 2017, the Plaintiff asserted repair costs of KRW 275,00 as a result of a serious leakage of water on the instant building, and subsequently, around April 2019.

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