(영문) 서울중앙지방법원 2020.02.12 2019가단5212283

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(영문) 서울중앙지방법원 2020.02.12 2019가단5212283

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the attached list, each point of the indication 1, 2, 3, 4, and 1 of the attached Form 3 stories.

Reasons

1. Basic facts

A. On April 30, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant with a deposit of KRW 20,00,00,000, monthly rent of KRW 2,100,000, and management expenses of KRW 484,00 (in addition to value-added tax, payment on the last day of each month), and from May 1, 2015 to August 31, 2016 (hereinafter “instant lease agreement”).

B. On May 8, 2019, the Plaintiff sent to the Defendant a certification of the content that “the instant lease agreement is implicitly renewed, and is the expiration date of August 31, 2019, and the termination is notified upon the expiration of the contract term.”

C. Meanwhile, as between November 2018 and March 2019, the Defendant delayed the payment of the rent for at least three months. On April 3, 2019 and April 9, 2019, the amount equivalent to the rent for arrears was paid to the Plaintiff. After that, the Defendant paid the amount equivalent to the rent for up to November 2019 to the Plaintiff.

On September 9, 2019, the Plaintiff filed the instant lawsuit with the Defendant seeking delivery of the instant real estate and return of unjust enrichment equivalent to the rent from September 1, 2019 to the completion date of delivery of the instant real estate on the ground that the instant lease agreement had expired on August 31, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to Article 10(1)1 of the Commercial Building Lease Protection Act, where a lessee requests the renewal of a contract between six months and one month before the expiration of the lease term, a lessor may not refuse such request without any justifiable reason: Provided, That this shall not apply in cases where the lessee has been in arrears for the amount equivalent to the rent for the three period period to be equal to the rent for the three period period.

In addition, according to Paragraph 4 of the same Article, the lessor notifies the lessee of the refusal of renewal within the period of Paragraph 1.

참조조문

-상가건물 임대차보호법 제10조 제1항 제1호

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