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(영문) 대구지방법원 2017.09.15 2016가단129179
건물명도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The assertion;

A. On December 1, 2014, the Plaintiff asserted that the Plaintiff entered into a lease agreement with the Defendant, setting the lease term as the lease term of KRW 5 million from December 1, 2014 to November 30, 2015, on the first floor office (Ga) part 22.23 square meters in the ship connecting each point of the attached list and drawings indication 1,2,3,4, and 1,4,000 won (hereinafter “lease”).

(2) On August 12, 2016, the Plaintiff extended the term of lease of the instant lease to November 30, 2016 at the Defendant’s request, and notified the Defendant that he did not wish to renew the instant lease on August 12, 2016, which is three months before the said term of lease expires.

Therefore, the defendant is obligated to deliver the leased office to the plaintiff.

B. The Defendant alleged that the instant lease contract was renewed on October 5, 2016, which was between six months and one month before the expiration of the said lease term. Therefore, the Plaintiff did not have the right to seek delivery of the leased office, since the instant lease contract was concluded again under the same conditions as the previous one.

2. According to the evidence No. 2-1 of the judgment, it is recognized that the Defendant requested the Plaintiff to renew the instant lease agreement two months before the expiration of the instant lease term.

Therefore, the Plaintiff rejected the renewal of the instant lease agreement.

Even if the defendant requested renewal within the period stipulated in Article 10 of the Commercial Building Lease Protection Act, the plaintiff has no right to seek the delivery of the leased office.

3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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