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(영문) 대구지방법원경주지원 2016.05.03 2015가단11758
건물명도
Text

1. The defendant shall order the plaintiff each point of the attached Form 1, 2, 3, 4, 5, 6, and 1 among the buildings listed in the attached Table list.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 3 (including paper numbers) and the whole purport of the pleadings:

On March 11, 2014, the Plaintiff leased to the Defendant the portion of “A” 101.07 square meters in the attached Form No. 1, 2, 3, 4, 5, 6, and 1 among the buildings listed in the attached Table No. 1, 2, 3, 4, 6, and 1 (hereinafter “instant building”) among the buildings listed in the attached Table No. 1, 204, the lease deposit amount of KRW 2,04, 750, the total rent of KRW 6,682,50 to the Defendant during the lease term from April 1, 2014 to December 31, 2014.

(hereinafter referred to as "the instant lease agreement". (b)

The instant lease agreement provides that the Defendant would not demand the Plaintiff to reimburse expenses under Article 203 or 626 of the Civil Act, and also includes a special agreement under which the Defendant shall pay an amount equivalent to 120/100 of the rent as compensation in the event the Defendant continues to use the instant building without a lease agreement after the expiration of the lease term.

C. On January 19, 2015, the Plaintiff notified the expiration of the instant lease agreement, and thus, notified the delivery of the instant building.

However, the defendant is occupying and using the building of this case until now.

2. According to the facts of the determination as to the cause of the claim, barring any special circumstance, the instant lease was terminated on December 31, 2014, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff, a lessor, and to pay the agreed indemnity at the rate of 891,00 won (=6,682,500 won ± 9 months ± 120/1000) for using the instant building without concluding the lease contract from January 1, 2015 to the completion date of delivery of the instant building.

3. Judgment on the defendant's assertion

A. The Defendant requested the renewal of the contract to B, who is an employee of the Plaintiff, on several occasions prior to the expiration of the lease term of this case, and thus the lease contract of this case is under Article 10(1) of the Commercial Building Lease Protection Act.

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