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(영문) 춘천지방법원강릉지원 2019.09.03 2019가단31685
건물명도(인도)
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On January 31, 2015, the Defendant leased 500,000 won deposit and 40,000 won per month from February 21, 2015 to February 24, 2015 (hereinafter “instant store”) among the real estate listed in the separate sheet (hereinafter “instant building”), the portion of the ship connecting each point in sequence of 1, 2, 3, 4, 5, 6, 7, and 1, the number of real estate indicated in the separate sheet (hereinafter “instant building”).

The defendant has completed business registration with the trade name of "F" and operates a restaurant at the store of this case.

B. On January 10, 2017, the Plaintiffs jointly purchased real estate listed in the separate sheet from D on January 10, 2017, and completed the registration of ownership transfer as to each half of the Plaintiffs’ respective shares on February 27, 2017.

Since then, the Plaintiffs and the Defendant renewed the lease contract of the instant store by February 20, 2019.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings]

2. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the lease contract for the instant store was terminated on February 21, 2019, and thus, the Defendant is obligated to deliver the instant store to the Plaintiffs, who succeeded to the lessor status of the instant building and the owner of the instant building, barring any special circumstance.

3. On December 18, 2018, prior to the expiration of the lease term, the Defendant alleged that the lease contract was renewed by February 20, 2021 by demanding the Plaintiffs to renew the lease contract, and thus, the Defendant is not obligated to deliver the instant store. Thus, according to the evidence No. 3-2, the Defendant’s demand for renewal of the lease contract can be acknowledged on or around December 18, 2018. Thus, it is reasonable to deem that the lease contract for the instant store was renewed by two years on or before February 21, 2019, unless there is any justifiable reason to refuse renewal of the contract.

(The main sentence of Article 10(1) and the main sentence of Article 10(3) of the Commercial Building Lease Protection Act are with merit.

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