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(영문) 서울동부지방법원 2016.12.15 2015가단126382
건물명도
Text

1. From 29,696,000 to 29,696,000 won, the Defendant shall indicate the attached drawing among the buildings listed in the attached list from September 1, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that operates the D market located in Songpa-gu Seoul Metropolitan Government. On December 24, 2013, the Plaintiff: (a) determined and leased to the Defendant the part (i) of the attached Form No. 1, 2, 3, 4, and 1, among the buildings listed in the attached Table No. 1, 37.025 square meters (hereinafter “instant real estate”) connected in order to the Defendant as indicated in the attached Table No. 1, 2, 3, 4, and 1, from January 1, 2014 to December 31, 2014, the lease deposit amount of KRW 29,696,000, the rent of KRW 1,762,000, and the period of KRW 1,762,000,

(hereinafter referred to as the “instant lease contract”) between the Plaintiff and the Defendant.

On November 26, 2014, the Plaintiff notified the Defendant of the refusal to renew the instant lease agreement.

[Grounds for recognition] Gap's evidence Nos. 1-7 and the purport of the whole pleadings.

2. Determination

A. According to the occurrence of the obligation to deliver real estate and the recognition of the simultaneous performance resistance, the instant lease contract was terminated upon the expiration of the period of validity.

As the defendant did not receive notification of rejection of renewal from the plaintiff within one month before the expiration of the above lease term, the lease contract of this case was renewed by the Commercial Building Lease Protection Act, and the lease contract of this case was terminated.

Even if the defendant's obligation to deliver real estate takes place at the same time as the plaintiff's obligation to return the lease deposit. Thus, if the lessor fails to notify the lessee of the refusal to renew the lease or to notify the lessee of the change of the terms and conditions between six months and one month before the expiration of the lease term, the lease shall be deemed to have been renewed under the same conditions as the former lease at the expiration of the lease term. In this case, the term of the lease shall be deemed to be one year (Article 10 (4) of the Commercial Building Lease Protection Act), and the images as stated in the evidence No. 4 and No. 5 and the evidence No. No. No. No. 66 of the lease term shall alone be notified by the plaintiff to the defendant not later than December 31, 2014, the expiration of the lease term.

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