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(영문) 수원지방법원 안양지원 2018.07.27 2018가단440
건물명도 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 19, 2016, the Defendant leased 30 square meters inside a ship (hereinafter “instant store”) connected each point in sequence with C as deposit money of KRW 5 million, monthly rent of KRW 600,00,000, and period of lease from February 5, 2016 to February 4, 2018, among the buildings indicated in the attached list (hereinafter “instant building”).

(B) The lease agreement on the store of this case is stipulated as above. (B)

The Plaintiff purchased the instant building from C on October 12, 2016 and completed the registration of ownership transfer on October 24, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. Determination 1 on the Plaintiff’s assertion of rejection of the request for renewal in accordance with the rebuilding plan notification is expected to reconstruct the building of this case which was closed 35 years ago, and the Plaintiff notified the Defendant of the reconstruction plan of this case to refuse renewal of the lease contract of this case by attaching a building permit attached, and thus, the lease contract of this case was terminated on February 4, 2018. Accordingly, according to the following: (a) the Defendant is obligated to deliver the instant store to the Plaintiff; and (b) the Plaintiff obtained the permission for reconstruction of the building of this case from the Mapo Market on December 20, 2016; and (c) the Plaintiff refused renewal of the lease contract of this case by attaching a copy of the building permit of this case for three times from January 2, 2017 to December 18, 2017.

However, Article 10 (1) 7 (a) of the Act on the Lease of Building in the Building in the Building in the Building in the Building in the Building in the Building in the Building in the Building in the Building in the Building.

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