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(영문) 서울중앙지방법원 2017.07.03 2016나59043
건물명도
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall set forth the plaintiff with 1 Jongno-gu Seoul Metropolitan Government Ground C.

Reasons

1. Basic facts

A. On January 29, 2009, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant with respect to the lease deposit of KRW 10 million, monthly rent, and the lease term of KRW 500,000,000 from February 10, 2009 to February 10, 201, with respect to the lease deposit of KRW 27.77 square meters (hereinafter “instant building”).

After that, the defendant paid the above lease deposit to the plaintiff, received various internal facilities from the plaintiff, and operated a fireworks and a car page with the trade name of "F".

B. The instant lease agreement was implicitly renewed at the expiration of the term of lease, and was renewed on March 23, 2013 by setting the term of lease at KRW 1 million and from March 10, 2013 to March 10, 2014.

After that, the Plaintiff and the Defendant increased the monthly rent to KRW 1.1 million on March 10, 2014.

C. On December 15, 2014, the Plaintiff notified the Defendant of the refusal to renew the instant lease agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 2 (including paper numbers), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the instant lease agreement may be deemed to have been implicitly renewed on or around March 10, 2014. Thus, pursuant to Article 9(1) of the Commercial Building Lease Protection Act, the instant lease agreement is deemed to have been terminated at the expiration of the period on March 10, 2015, when one year has elapsed since the date of implied renewal as above.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant building to the Plaintiff and pay unjust enrichment equivalent to the rent calculated by the ratio of KRW 1.1 million per month from March 11, 2015 to the completion date of delivery of the instant building.

3. Defendant’s assertion and judgment

A. Determination as to the assertion on the extension of five-year term of lease on the premise that the Defendant is the monthly rent between the Plaintiff’s mother and his representative around March 2014 and KRW 100,000.

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