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(영문) 서울서부지방법원 2016.03.10 2015가단227553
건물명도
Text

1. The defendant shall receive KRW 50,000,000 from the plaintiff, and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. According to the purport of each of the items and arguments stated in Gap evidence Nos. 1 through 3 (including household numbers), the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant on June 30, 2013 by setting the deposit amount of KRW 50 million, monthly rent of KRW 3.6 million, the period from June 30, 2013 to June 30, 2015 (hereinafter “instant lease agreement”), and the Plaintiff notified the termination of the instant lease agreement on the ground that the termination of the lease agreement expires on April 3, 2015.

According to the above facts, the lease contract of this case was terminated on June 30, 2015 after the expiration of the period of validity.

Therefore, the defendant is obligated to deliver the real estate of this case to the plaintiff.

2. The defendant's assertion and judgment

A. As to the assertion on the renewal of a contract, the Defendant demanded the Plaintiff to renew the instant lease agreement on or around April 2015, which was notified by the Plaintiff of re-building of the instant real estate, and the grounds for refusing to renew the lease agreement do not exist under Article 10(1)7 of the Commercial Building Lease Protection Act. Therefore, the instant lease agreement was renewed under the same conditions as the former lease.

The Commercial Building Lease Protection Act (amended by Act No. 12042, Aug. 13, 2013)

(2) The amendment Act is amended.

Article 2(1) of the Commercial Building Lease Protection Act shall not apply to any lease exceeding the amount guaranteed as prescribed by Presidential Decree. Article 2(2) of the former Enforcement Decree of the Commercial Building Lease Protection Act (amended by Presidential Decree No. 25036, Dec. 30, 2013); Article 2 of the former Enforcement Decree of the Commercial Building Lease Protection Act (amended by Presidential Decree No. 25036, Dec. 30, 201) provides that any lease exceeding the amount guaranteed as prescribed by Presidential Decree shall be included in the amount converted by multiplying the said amount by the rate prescribed by Presidential Decree, other than the deposit.

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