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(영문) 서울동부지방법원 2019.11.26 2019가단4329
건물명도(인도)
Text

1. 피고는 원고들에게 별지 목록 기재 건물 중 별지 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을...

Reasons

1. Determination on the cause of the claim

A. The defendant, on November 3, 2006, acquired real estate as stated in Paragraph (1) of this case from D on November 3, 2006 (hereinafter "the store of this case").

A) A deposit was set at KRW 5 million, KRW 500,000 per month, and KRW 500,000 per month, from November 20, 2006 to November 19, 2008. 2) The said lease agreement continued to have been renewed after the expiration of the said period. The Plaintiffs purchased the instant store from D on April 10, 2015 and succeeded to the lessor’s status under the said lease agreement after completing the registration of ownership transfer.

3) Accordingly, on June 29, 2015, Plaintiff A drafted a lease agreement on the instant store again with the Defendant, as it is, KRW 5 million as it is, KRW 50,000,000 per month, and KRW 550,000 per month (from June 28, 2016 to June 28, 2016), and the period was set on June 28, 2017. The said lease agreement was renewed on June 6, 2017. The said lease was renewed on June 2018, and Plaintiff A requested the Defendant to restore the said lease term to its original state on or around March 5, 2019.

[Evidence] Facts without dispute, Gap evidence No. 1-1, Gap evidence No. 2-1-3, Eul evidence No. 1-1, the purport of the whole pleadings

B. According to the above facts of recognition, the above lease is deemed to have expired on June 28, 2019, and the defendant is obligated to deliver the instant store to the plaintiffs, barring any special circumstance.

2. The Defendant’s assertion and the judgment on this, the Defendant asserts that the said lease contract was renewed by June 28, 2020, as the Plaintiff demanded the renewal of the contract to the Plaintiff A around March 8, 2019 pursuant to Article 10(1) of the Commercial Building Lease Protection Act.

According to the evidence No. 2, it is recognized that the defendant requested the plaintiff A to renew the lease agreement on or around March 8, 2019.

However, the former Commercial Building Lease Protection Act (amended by Act No. 15791, Oct. 16, 2018) is a commercial building.

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