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(영문) 인천지방법원 2020.01.16 2019가단11158
건물명도
Text

1. From December 19, 2019 to December 19, 2019, the second and fifth floors of the real estate indicated in the defendant's attached list among the plaintiff's requests for monetary payment.

Reasons

1. Basic facts

A. On January 16, 2014, the Plaintiff leased the entire building of the second and fifth commercial buildings (hereinafter “each of the instant buildings”) among the real estate listed in the separate sheet to the Defendant on a fixed basis for two years from March 1, 2014, with each lease deposit of KRW 10 million and KRW 5 million, monthly rent of KRW 1 million and KRW 500,000,000, and each lease period of KRW 500,000,000.

(hereinafter “each of the instant lease agreements”) b.

The plaintiff and the defendant increased 10% by 10% each month of the end of each of the instant lease agreements (each of the monthly rent shall be KRW 1.1 million and KRW 550,000), and each of the lease periods extended by 2 years and changed by 2 years until February 28, 2018.

(c) Each of the instant lease contracts has become an implied renewal due to the absence of separate declaration of intent for extension of the contract between the parties upon the expiration of the secondary contract. 【The absence of dispute over the grounds for recognition, Party A’s entries, Party A’s evidence Nos. 1, 2, and 4, and the purport of the entire pleadings.

2. Each of the instant lease agreements asserted by the Plaintiff was lawfully terminated on February 28, 2019 or August 18, 2019 due to the following reasons.

① From December 2018, the Plaintiff notified the Defendant of the refusal of the oral renewal, and notified the Defendant of the refusal of renewal on February 19, 2019 through the proof of content.

Therefore, each of the instant lease agreements was terminated on February 28, 2019 when the period expires without any further renewal.

② Since five years have already elapsed since the term of lease under the Commercial Building Lease Protection Act, each of the instant lease agreements became a general lease agreement without setting a period between the original and the Defendant.

The lease contract is terminated on August 18, 2019 when six months have elapsed since the Plaintiff notified the rejection of renewal through the proof of the content of February 19, 2019.

Therefore, from March 31, 2019 to the completion date of delivery of each of the buildings of this case, the Defendant delivered each of the buildings of this case to the Plaintiff, and delayed payment of rent = 1.1 million won per month from March 31, 2019 to the completion date of delivery of each of the buildings of this case.

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