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(영문) 대구지방법원 2020.10.29 2020가단103303
건물인도
Text

1. The main claim is dismissed.

2. The costs of the principal lawsuit shall be borne by the Plaintiff (Counterclaim Defendant).

The complaint shall be filed.

Reasons

1. Basic facts

A. (1) On May 9, 2012, the Defendant leased the Plaintiff’s real estate lease from C at the time of the lease of each of the items indicated in the separate sheet No. 1, 2, 3, 4, 5, and 1 among the real estate listed in the separate sheet (hereinafter collectively referred to as “instant real estate”).

(hereinafter “instant lease”). Deposit was set at KRW 10 million, and rent was set at KRW 1.2 million per month.

The lease term has not been separately provided, and it has been leased for one year.

【Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Act”)】

(2) Article 9(1) of the Act does not give notice of rejection of renewal to all the parties until the expiration of the period first set forth. The lease of this case annually.

5.9. has renewed the period of 1 year.

(상가임대차법 제10조 제4항). 피고는 이 사건 임대차 목적물에서 맥줏집을 운영하고 있다.

B. The Plaintiff acquired the Plaintiff’s ownership on May 21, 2019, purchased the instant real estate from C, and the same year.

6. 28. Completion of the registration of ownership transfer.

C. The Plaintiff’s request for delivery and the Defendant’s request for renewal (1) on November 26, 2019, the Plaintiff sent content-certified mail to the Defendant, and demanded delivery of the leased object by May 9, 2020, when the lease of this case is terminated.

(2) On November 29, 2019, the Defendant sent to the Plaintiff a content-certified mail that exercises the right to request renewal of the lease of this case (Article 10(1)).

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, Gap evidence 4-1 and 4-2, the purport of the whole pleadings

2. Determination as to the cause of the principal claim

A. The amended Commercial Building Lease Act, which allows the Plaintiff to exercise the right to request renewal until the whole period of lease of the Plaintiff’s assertion reaches ten years, enters into force on October 16, 2018, and thus does not apply to the instant lease.

The defendant shall have the whole term of lease five years according to the Commercial Building Lease Act before the revision.

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