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(영문) 서울서부지방법원 2014.12.03 2014가단223301
건물명도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that the Plaintiff leased the leased deposit of KRW 370,000,000, monthly rent of KRW 25,000 (excluding value-added tax), management expenses (excluding value-added tax), monthly rent of KRW 3,700,000 (excluding value-added tax), from May 1, 2013 to April 30, 2014, the lease term of which was determined and leased to the Defendant by setting the lease deposit of KRW 370,000,00 from among the buildings listed in the attached list to the Defendant (hereinafter “lease”). The lease term was expired on April 30, 2014.

Even if it is not so, the Defendant refused to conclude a re-contract without accepting the Plaintiff's legitimate demand for adjustment of rent under Article 3 of the lease agreement, and the Defendant violated the duty of cooperation under Article 16 (1) of the Addenda of the lease agreement (Obligation to comply) on the ground that the lease contract was lawfully terminated by delivery of the complaint of this case, as it did not request cooperation for the removal of temporary buildings with respect to the 3, 4th floor repair of buildings and the extension construction for the installation of elevators listed in the attached list.

Therefore, the defendant is obligated to deliver the part of the building of this case to the plaintiff, and to pay unjust enrichment (including value-added tax) calculated by the ratio of 31,570,000 won per month from May 1, 2014 to the completion date of the above delivery.

2. Determination

A. As to the claim on the termination of a contract due to the expiration of the term, Article 2 of the lease agreement provides, “The lease agreement shall be renewed for one year from the day following the expiration of the term, unless one of both parties gives written notice of the expiration of the term, and shall be applied at the same time thereafter.”

(A) In this case, there is no evidence to deem that one of both parties notified the other party of the rejection of renewal in writing at least three months prior to the expiration of the term of lease. Thus, the lease agreement from May 1, 2014 to April 30, 2015.

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