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(영문) 광주지방법원 2017.10.11 2017가단8161
건물명도
Text

1. The Defendants jointly do so to the Plaintiff:

(a) the first floor of the real estate listed in the Schedule 1, 1, 2, 2.

Reasons

1. Facts of recognition;

A. On February 2, 2008, the Plaintiff and the Defendant entered into a lease agreement with respect to the lease deposit amounting to KRW 50,000,000, monthly rent of KRW 1,000,000, and the lease term of five years (hereinafter “the first lease agreement”).

B. The Plaintiff and the Defendant, on March 5, 2013, concluded a lease agreement of KRW 40,00,000 for lease deposit, KRW 900,00 for monthly rent, and KRW 900,00 for lease term (hereinafter “the second contract”) and renewed the first contract from March 1, 2013 to February 28, 2015 (hereinafter “the second contract”).

Article 22(2) of the Act is renewed again, and the period has been extended until February 28, 2017.

hereinafter referred to as "third contract".

B. B. The Defendants possess the leased object of the instant case and operate a restaurant. C. The Plaintiff notified the Defendants of his/her no intent to renew the instant lease agreement at the end of October 2016. [The fact that there is no dispute over the grounds for recognition, entry of A’s evidence No. 1, and the purport of the entire pleadings.]

2. Determination

A. As seen above, as seen in the facts of recognition, the instant lease agreement was terminated on February 28, 2017, which was the expiration date of the third contract, by notifying the Defendants, the lessor, of the refusal of renewal, four months before February 28, 2017, which was the expiration date of the third contract.

D. Accordingly, the Defendants are obligated to deliver to the Plaintiff the subject matter of the instant lease, and to pay 900,000 won per month, which is the amount equivalent to the rental fee, from March 30, 2017 to the completion date of delivery, as sought by the Plaintiff after the completion date of the lease.

나. 피고들의 주장과 그에 대한 판단 ⑴ 계약갱신요구권에 관한 주장 ㈎ 피고들은, 원고가 다른 임차인들과는 임대차계약을 갱신하면서 피고들에게만 임대차계약의 갱신 거절의 통지를 하였는데 피고들은 이에...

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