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대구지방법원 2015.04.15 2014나301428
건물명도
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. A. Around 2010, the Gyeongbuk Tourism Corporation entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the part of “A” in the ship connected each point of the attached Form No. 1, 2, 3, 4, 5, 6, and 1 among the land size No. 424.95 square meters among the land size No. 1, 2, 3, 4, 5, 6, and 424.95 square meters in the first floor reinforced concrete mold and the land size No. 424.95 square meters in the attached Table.

B. The instant lease agreement was renewed two times after the end of 201, and the lease deposit at the time of the last renewal in around the end of 201 is KRW 9,556,00, KRW 876,040 per month for rent, and KRW 876,040 for rent, from January 1, 2012 to December 31, 2012.

C. Meanwhile, the instant lease agreement contains a special clause that the lessor cannot claim all of the cost required to repair the commercial building and the beneficial cost invested for the business when the lease contract is terminated or terminated (Article 19).

The Gyeongbuk Tourism Development Corporation notified the defendant that a lease contract should be concluded by February 25, 2013, if it wishes to renew the lease contract after the expiration of the above lease term, but the defendant did not conclude the lease contract by the above deadline.

E. From January 1, 2013, the Defendant did not pay rent from January 1, 2013, and currently occupies the instant building.

F. On August 1, 2013, the Plaintiff merged the Gyeongbuk Tourism Development Corporation.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, 2-2, 3-1, 2, 3-4 and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the instant lease agreement is deemed to have expired on December 31, 2012, and thus, barring special circumstances, the Defendant delivers the instant building to the Plaintiff, and calculated at the rate of KRW 876,040 per month from January 1, 2013 to the completion date of delivery of the instant building.

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