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(영문) 서울동부지방법원 2016.12.08 2015가단126368
건물명도
Text

1. From 29,696,000 won to 29,69,00 won, the Defendant indicated in the attached Form No. 1, 2, 3, 4, among the buildings indicated in the attached Form from May 1, 2016.

Reasons

1. First of all, the Plaintiff asserts that the lease contract with the Defendant was terminated as of December 31, 2014.

Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 through 3, the plaintiff concluded a contract under which the former lease contract is renewed (hereinafter referred to as "the lease contract of this case") with the content of the lease contract as of December 31, 2014 from January 1, 2014 to December 31, 2014, and the lease contract of this case expires as far as the lease contract of this case expires as the lease contract of this case was clearly concluded on December 13, 2014, since the lease contract of this case was concluded with the defendant and the security deposit of 29,696,000 won, monthly rent of 1,762,00 won, and the lease contract of this case as of December 31, 2014.

The defendant asserts that the lease contract of this case was renewed in accordance with the Commercial Building Lease Protection Act, since the plaintiff was not notified of the rejection of renewal within one month before the expiration of the above lease term.

If a lessor fails to notify a lessee of a refusal to renew a lease or to notify a lessee of a change in the terms and conditions between six months and one month prior to the expiration of the lease term, the lease shall be deemed to have been renewed on the same condition as the former lease term expires. In such cases, the term of the lease shall be deemed to be one year (Article 10(4) of the Commercial Building Lease Protection Act). The statement on the certificate No. 5 is insufficient to recognize that the Plaintiff notified the Defendant of the refusal to renew the lease by no later than one month prior to December 31, 2014, the expiration date of the lease term, and there is no other evidence to acknowledge otherwise.

Therefore, the defendant's above defense is reasonable, and the plaintiff's assertion is without merit.

Next, the lease contract with the defendant was terminated on December 31, 2015.

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