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(영문) 청주지방법원제천지원 2015.09.24 2015가단2078
건물명도 등
Text

1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and deliver the said real estate from May 1, 2015.

Reasons

1. Facts of recognition;

A. On April 30, 2002, the Plaintiff leased the real estate listed in the attached list (hereinafter “instant building”) to the Defendant as the lease deposit amount of KRW 50,00,000, monthly rent of KRW 2,400,000, and the lease term from May 1, 2002 to April 30, 204 (Provided, That the lease term shall be deemed to have been automatically extended for one year after the expiration of the lease term without both parties’ declaration at the expiration of the lease term).

(hereinafter “instant lease agreement”). B.

While the instant lease contract has been continuously renewed, on May 6, 2015, the Plaintiff sent a letter verifying the content of the instant building to the Defendant, as the instant lease contract expired on April 30, 2015.

C. However, the defendant has occupied and used the building of this case until now, and has not paid since May 1, 2015 that it is a vehicle based on the lease contract of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 4, the purport of the whole pleadings

2. Determination:

A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the instant lease agreement is deemed to have expired on April 30, 2015 (see the main sentence of Article 639(1) of the Civil Act). Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff and pay to the Plaintiff the amount of unjust enrichment equivalent to the monthly rent of KRW 2,40,000 from May 1, 2015 to the completion date of delivery of the instant building.

B. The Defendant asserts that the lease contract in this case was renewed pursuant to Article 10(4) of the Commercial Building Lease Protection Act, since the Plaintiff did not notify the Defendant of the refusal to renew between six months and one month before the expiration of the lease term.

According to Article 2 (2) of the Commercial Building Lease Protection Act, and Article 2 (3) of the Enforcement Decree of the Commercial Building Lease Protection Act, it is intended to determine the application of the Commercial Building Lease Protection Act.

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