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(영문) 인천지방법원부천지원 2016.09.22 2016가단101015
건물명도
Text

1. The defendant shall be the plaintiff.

(a) Of the buildings listed in the separate sheet, each point in the separate sheet No. 1, 2, 3, 4, and 1;

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal entity that operates “C points” on the land and two lots of land outside the Hancheon-gu, Seocheon-gu, Nowon-gu, and Seocheon-gu.

B. On November 15, 2010, the Plaintiff entered into a lease agreement with Nonparty D for monthly rent of KRW 2,00,000 and from November 15, 201 to November 15, 201 with regard to the part at 126.028 square meters in the chain of line (hereinafter “instant store”) connected each point among the buildings listed in the attached Table, in sequence 1, 2, 3, 4, and 1.

Since then, the lease contract was renewed on November 15, 201 by the term of November 14, 201, the lease deposit amount of KRW 4,000,000, monthly rent of KRW 2,010,000, and the term of the contract. In other words, the lease deposit of KRW 6,000,000, monthly rent of KRW 2,010,000, and the term of the contract was renewed on December 31, 2013.

C. The above B.

On October 1, 2014, when the lease contract between the Plaintiff and D was renewed, the lease contract was concluded between the Plaintiff and the Defendant, who is the Plaintiff, with respect to the instant store, with the terms of KRW 6,000,000, monthly rent of KRW 2,010,000, and the contract term from October 1, 2014 to December 31, 2014.

On September 21, 2015, the Plaintiff notified the Defendant that “The lease contract on the instant store is terminated on December 31, 2015, and is restored to its original state, and the delivery of the instant store is changed.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 8, Eul evidence Nos. 3 through 5, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the lease contract between the Plaintiff and the Defendant between the Plaintiff and the Plaintiff was explicitly renewed pursuant to Article 10(4) of the Commercial Building Lease Protection Act after the expiry of December 31, 2014, and the Plaintiff was notified of the refusal to renew the lease contract between January 1, 2015 and December 31, 2015, when the lease contract was explicitly renewed from January 1, 2015 to December 31, 2015. Thus, barring any special circumstance, the lease contract between the Plaintiff and the Defendant was terminated as of December 31, 2015.

Therefore, the defendant.

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