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(영문) 울산지방법원 2019.05.16 2019나11463
건물명도(인도)
Text

1.The part concerning Defendant B in the judgment of the first instance shall be modified as follows:

Defendant B from the Plaintiff 40,000.

Reasons

1. Basic facts

A. On October 19, 2013, Defendant B entered into a lease agreement with D to lease the instant building at KRW 40 million from October 19, 2013, from October 10, 2013 to October 10, 2017 (48 months), from October 10, 2013 to October 10, 2017 (including value-added tax; hereinafter the same shall apply), monthly rent 3850,000 won, and monthly rent 10,000 won.

B. On July 13, 2016, the Plaintiff purchased the instant building from D and completed the registration of ownership transfer on September 9, 2016.

C. On September 21, 2016, Defendant B entered into a contract with the Plaintiff on the lease of the instant building from the Plaintiff from October 10, 2013 to October 9, 2017 (48 months), from October 10, 2013 to October 10, 2017 (hereinafter “the instant lease contract”). The special terms of the said lease contract stipulate that “the first contract date is October 19, 2013, and the re-preparation of the lease contract due to the change of the lessor’s contract due to the sale of the instant building” (hereinafter “the instant lease contract”).

On September 7, 2017, between October 9, 2017 and one month prior to the expiration date of the instant lease agreement, Defendant B sent to the Plaintiff a content-certified mail demanding the renewal of the instant lease agreement. At that time, the said content-certified mail reached the Plaintiff, and accordingly, the instant lease agreement period was extended until October 9, 2018 pursuant to the main sentence of Article 10(1) of the Commercial Building Lease Protection Act.

E. On May 21, 2018, the Plaintiff sent to Defendant B a content-certified mail to the effect that the Plaintiff notified Defendant B of the refusal to renew the instant lease agreement between six months and one month prior to the termination of the instant lease agreement. On May 23, 2018, the content-certified mail sent to Defendant B.

F. On May 2018, Defendant B sent the instant building to the Plaintiff as the answer to the notification of refusal of contract renewal by the Plaintiff’s content certification, and around October 2018, at the time of termination of the contract.

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