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(영문) 대구지방법원 서부지원 2021.02.04 2020가단5147
건물명도 등
Text

For the plaintiffs, the defendant

(a) deliver the real estate listed in the separate sheet;

B.As from January 1, 2021, the delivery of the above real estate.

Reasons

1. The allegations and judgment of the parties

A. In full view of the purport of the entire pleadings, the facts in the separate sheet Nos. 1 through 5 can be acknowledged.

Therefore, since the lease contract of this case terminated at the expiration of the term, the defendant is obligated to deliver the real estate listed in the separate sheet to the plaintiffs, and pay unfair profit equivalent to the rent calculated at the rate of KRW 250,000 per month from January 1, 2021 to the completion date of delivery of the above real estate.

B. As to this, the Defendant: (a) used real estate listed in the separate sheet for about 20 years by leasing it; and (b) concluded a lease agreement with a luminous owner on April 30, 2019 in order to obtain a ten-year lease term under the Act on the Protection of Commercial Building Lease; and (c) thus, (d) the instant lease agreement may also be demanded to renew the contract by April 30, 2029.

However, this argument is not acceptable, since a lease agreement that was entered into around April 30, 2019 on the sole basis of the evidence No. 1 of Eul alone is insufficient to recognize as a new lease agreement separate from the existing lease agreement.

2. For this reason, the Plaintiff’s claim of this case is accepted in entirety and it is so decided as per Disposition.

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