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(영문) 서울중앙지방법원 2015.04.29 2014가단132479
동산인도
Text

1. The defendant shall deliver to the plaintiff the movable property listed in the attached list.

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

3...

Reasons

1. On July 23, 2013, the Plaintiff entered into a contract on the Plaintiff’s claim with the Defendant on July 31, 2013 to January 30, 2014, the term of the contract is from July 31, 2013 to January 30, 2014, the deposit is KRW 300,000, monthly user fee is KRW 1,050,00, and the location of the use is determined as a large number Kim-1 among the first underground floors in B, and the Defendant entered into a contract on the use of the key kisk (referring to a simplified sale stand that can allow a small store, clothes, purchase store, etc.) listed in the attached list of movables, and the fact that the said use contract terminated on January 30, 2014 may be recognized by taking into account the overall purport of the pleadings as a whole.

Therefore, the above contract was terminated upon the expiration of the period of validity.

Therefore, the defendant is obligated to deliver the above KIKO to the plaintiff.

2. Judgment on the defendant's assertion

A. The defendant asserts that the period has not expired since the Commercial Building Lease Protection Act was applied, while the plaintiff is running a business to sublet commercial buildings created after leasing commercial spaces within the Seoul subway history from Meart 9, Co., Ltd., and then sublet them to a specific space within the history. As part of such business, the plaintiff is also running a business to sublet the commercial space with a specific space. Thus, the contract of this case should be deemed to have sublet the commercial space to the defendant who is the sub-lessee, and this is subject to the Commercial Building Lease Protection Act, so the contract of this case has not expired due to the defendant's request for the renewal of the contract.

In addition, Article 2 of the Commercial Building Lease Protection Act provides that "this Act shall apply to the lease of commercial buildings [referring to buildings subject to business registration under Article 3 (1) of the Value-Added Tax Act, the Income Tax Act, and the Corporate Tax Act]." Thus, even if the defendant transferred the lease from the plaintiff to the place of use of the commercial building, the defendant transferred the lease from the plaintiff.

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