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(영문) 부산지방법원 2017.05.25 2016가단341565
건물명도
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. On March 30, 2015, the Plaintiff leased real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) to the Defendant as the lease term from April 1, 2015 to March 31, 2017 (the first contract extended on March 31, 201), lease deposit amount of KRW 100,000,00, monthly rent of KRW 5,500,000 (excluding value-added tax), monthly management fee of KRW 936,00 (excluding value-added tax).

(hereinafter referred to as “instant lease agreement”). [Ground for recognition] without dispute, entry of Gap’s evidence No. 3

2. According to the above facts of determination as to the cause of the claim, since the lease contract of this case terminated at the expiration of the period, the defendant is obligated to deliver the real estate of this case to the plaintiff.

3. Judgment on the defendant's assertion

A. The defendant asserts the validity of the termination due to the delay of rent for not less than two months, which is in violation of the Commercial Building Lease Protection Act that the lessor may terminate the contract without the peremptory notice, and thus is null and void. The plaintiff alleged that the termination notice of the lease contract of this case is void since the defendant notified the termination of the lease contract of this case before delinquency of rent for the three-year period. However, as seen above, the lease contract of this case was terminated at the expiration of the period prior to the date of closing argument of this case, and the plaintiff is seeking only delivery of the real estate of this case. Thus, the defendant's argument disputing the validity of the termination is without merit.

B. The Defendant asserts that the instant lease agreement was implicitly renewed since he did not notify the Plaintiff of the refusal of renewal between six months and one month before the expiration of the instant lease agreement. However, the Plaintiff brought an action seeking renewal of the instant lease agreement on the ground that the instant lease agreement was terminated on the ground that the Plaintiff was in arrears of rent.

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