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(영문) 서울북부지방법원 2016.07.21 2016가합20910
건물명도
Text

1. The defendant

A. Attached Form

1. To deliver a building entered in the list;

(b) Attached Form;

2. The details of business reports; and

Reasons

1. Facts of recognition;

A. The defendant on January 16, 2002 attached Form

1. A lease agreement was concluded between the co-owners of the building indicated in the list (hereinafter “instant commercial building”) with the content that the instant commercial building is leased KRW 17 million, monthly rent of KRW 80,000,000, and KRW 880,000,000, and KRW 3 years, respectively (hereinafter “instant lease agreement”).

B. The defendant on June 16, 2004 from the commercial building of this case

2. Functional health foods are engaged in general sale business after completing business reports and business registration, such as entry in the list of business reports;

C. On August 13, 2015, the Plaintiff completed the registration of ownership transfer with respect to the instant commercial building. On September 14, 2015, the Plaintiff sent a content-certified mail to the Defendant to refuse to renew the instant lease agreement, and to order the instant commercial building until January 16, 2016, which is the expiration date of the contract period. The content-certified mail reached the Defendant on September 15, 2015.

[Grounds for recognition] The items in Gap evidence 1 to Gap evidence 3, and the purport of the whole pleadings

2. The assertion and judgment

A. (1) According to the above facts, the instant lease agreement was renewed, and the Plaintiff succeeded to the lessor’s status pursuant to Article 3(2) of the Commercial Building Lease Protection Act by purchasing the instant commercial building on August 13, 2015, and the Plaintiff notified the Plaintiff of the refusal to renew the instant lease between June and January 1, 2016, the instant lease agreement terminated on January 16, 2016.

I would like to say.

Therefore, the Defendant is obligated to deliver the instant commercial building to the Plaintiff as a result of the termination of the instant lease agreement.

(2) Meanwhile, the lessee’s duty to restore the lease upon termination of the lease is not only to transfer the possession of the real estate used by the lessee to the lessor, but also to use it again in line with the lessor’s purpose of the lease.

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