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(영문) 울산지방법원 2018.12.12 2018가단9837
건물명도
Text

1. The defendant

(a) Category 1, 2, 3, 4, and 1, respectively, on the first floor of the building listed in the separate sheet.

Reasons

1. On October 11, 201, the Plaintiff indicating the claim is ordered to make an order to the Defendant.

The building mentioned in paragraph (1) is leased with a deposit of three million won, monthly rent of KRW 600,000,000 for the end of October 11, 2013, and the Plaintiff and the Defendant have extended the lease term by two years from October 11, 2013 to October 11, 2015. - insofar as the Plaintiff and the Defendant did not enter into a re-lease contract after the extension of the lease term as above until October 11, 2015, with the extension of the lease term, the lease term is extended by implied renewal. As long as the Plaintiff and the Defendant did not enter into a re-lease contract on the same condition as the former lease term expires, the lease term at this time shall be deemed to have been renewed under the same time as the former lease term at the expiration of the lease term (Article 10 (4) of the Commercial Building Lease Protection Act). The same applies to the subsequent period.

Therefore, the term of lease which is implicitly renewed every year was extended by October 1, 2018.

The defendant's assertion against this is not accepted.

On the other hand, the Plaintiff filed the instant lawsuit seeking the intention of the object of lease on May 3, 2018, after the term of the instant lease agreement was extended until October 11, 2018, with "the implied renewal" until the expiration date becomes due (if any), and then the Plaintiff cannot accept the implied renewal thereafter.

(See Supreme Court Decision 66Da2202, Jan. 24, 1967). Thus, the instant lease agreement has expired as of October 11, 2018, and thereafter, it cannot be maintained thereafter.

Ultimately, the defendant must order the plaintiff to establish the leased object.

The plaintiff's claim for this part is accepted on the ground of the reasons.

The fact that the Defendant did not pay monthly rent from February 11, 2018 to July 10, 2018 is no dispute between the parties.

When calculating the overdue amount, 3 million won (=600,000 won per month x 5 months). The plaintiff was fully appropriated from the deposit.

If so, the defendant is equivalent to the monthly rent or rent from July 11, 2018.

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