logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.11.19 2019가단3283
건물명도 등
Text

1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and shall be listed in the attached list from October 29, 2019.

Reasons

1. Obligations to deliver a building, etc.;

A. Facts of recognition 1) Real estate listed in the separate sheet, owned by the Plaintiff (hereinafter “instant real estate”).

On August 16, 2004, the parties entered into a lease agreement and concluded the lease agreement without a deposit on January 1, 2015, and agreed to renew the term of existence for two years from January 1, 2015 to December 31, 2016. (2) The Plaintiff notified the Defendant of his refusal to renew the lease agreement on the instant real estate on a two-year basis by way of notifying the Defendant of the termination of the lease agreement by content-certified mail on December 31, 2018.

3) By October 28, 2019, the Defendant paid KRW 1,200,000, including monthly rent, to the Plaintiff by October 28, 2019.

B. According to the above facts, the lease contract on the instant real estate was terminated on December 31, 2018 upon the Plaintiff’s notice of rejection of renewal on September 3, 2018, barring any special circumstance.

Therefore, the defendant is obligated to deliver the real estate of this case to the plaintiff and pay the money calculated at the rate of KRW 1,200,000 per month from October 29, 2019 to the date of delivery of the real estate of this case.

2. Judgment on the defendant's assertion

A. The summary of the assertion 1) The parties initially concluded a permanent lease agreement with the Defendant, which does not have a de facto period of time during which the Defendant continued to engage in the transactional relationship with the Plaintiff, and the parties continue to engage in the transactional relationship with the gas sales business without any change in the instant real estate. Therefore, the lease agreement on the instant real estate has not been terminated. 2) The lessees (D, E, F, G, H, I, etc.) who leased the instant real estate first of the Defendant, did not pay monthly rent.

arrow