(영문) 서울남부지방법원 2016.06.17 2015가단67127

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(영문) 서울남부지방법원 2016.06.17 2015가단67127

건물인도 등

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiffs own 1/3 shares of each building listed in the separate sheet.

B. On January 27, 2014, the Plaintiffs: (a) the building listed in [Attachment 1] List (hereinafter referred to as “the instant building”) in [Attachment 1] to the Defendant is “the lease agreement between the lease agreement and the lease agreement between February 14, 2014 and February 13, 2016, setting the deposit amount of KRW 20 million; (b) monthly rent of KRW 1.2 million (excluding value-added tax); and (c) the period from February 14, 2014 to February 13, 2016 (referred to as “ January 13, 2016” of the lease agreement appears to be written in

The Plaintiffs and the Defendant concluded a contract. From February 14, 2015, the monthly rent was increased by KRW 1.3 million. C. On December 4, 2015, the Plaintiffs had no intent to renew the contract upon the expiration of the lease term on February 13, 2016, and notified the Defendant of the instant building 1. D. On December 15, 2015, the Defendant notified the Plaintiffs of the renewal of the instant lease agreement pursuant to Article 10(2) of the Commercial Building Lease Protection Act. [In the absence of dispute over the grounds for recognition, evidence No. 1, evidence No. 2, and evidence No. 4]

2. Assertion and determination

A. The instant lease agreement was terminated on February 13, 2016 by the Plaintiffs’ assertion that the lease term of the instant case expired, and there were justifiable grounds for the Plaintiffs to refuse to renew the lease agreement.

Therefore, the defendant shall deliver the building of this case to the plaintiffs, and shall pay 1.3 million won per month from February 14, 2016 to the completion date of delivery of the building of this case.

In addition, as noise and vibration generated by the Defendant in operating the printing office in the building No. 1 of this case, the Plaintiffs cannot lease the buildings listed in the [Attachment 2] List (hereinafter “the building No. 2 of this case”) from the following, the Defendant shall compensate the Plaintiff for the amount of KRW 4 million per month equivalent to the rent, which is the damage incurred by the Defendant’s failure to lease the building.

B. (1) Determination is made by the lessee as to the existence of the instant lease agreement.

참조조문

-상가건물 임대차보호법 제10조 제2항

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