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(영문) 대구지방법원 경주지원 2018.02.06 2017가단2062
건물명도 등
Text

1. The defendant shall receive KRW 25,000,000 from the plaintiff, and at the same time, shall be the building stated in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. On January 8, 1990, the Plaintiff’s partner C (hereinafter “the deceased”) leased the instant store to the Defendant with the lease deposit of KRW 15 million and the lease deposit of KRW 15 million from March 15, 1990 from March 15, 199. Around that time, the Defendant received the above lease deposit of KRW 15 million from the Defendant and delivered the instant store to the Defendant.

B. On July 30, 1994, the deceased and the defendant agreed to increase the lease deposit amount to KRW 25 million, and to change the term of the lease from July 30, 1996 to KRW 24 months. The defendant paid KRW 10 million increased to the deceased around that time.

On December 24, 1999, the deceased and the defendant agreed to change the term of the instant lease from December 24, 1999 to December 23, 2002.

C. After the Deceased died on July 7, 2002, the Plaintiff was solely inherited the instant store due to inheritance by agreement and division.

On September 25, 2015, September 30, 2016, and May 8, 2017, the Plaintiff sent to the Defendant a content-certified mail stating the termination of each of the instant lease agreements. Each of the content-certified mail was sent to the Defendant at each time above.

[Ground of recognition] Facts without dispute, Gap evidence 2 and 3 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence 1 and 2, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the above lease contract which was finally changed to KRW 25 million and the term of lease to KRW 3 years can be deemed to have been renewed on or after December 23, 2002, which is the last day of the term of lease under the agreement of December 24, 199. According to Article 10(4) and (1) of the Commercial Building Lease Protection Act, if the lessor fails to notify the lessee of the refusal of renewal between six months and one month prior to the expiration of the term of lease, the renewed term of lease can be deemed to be one year. Thus, the above lease contract was extended to December 23, 2002.

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