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(영문) 전주지방법원남원지원 2020.12.02 2020가단1500
건물인도
Text

The Defendants deliver to each Plaintiff the real estate listed in the separate sheet.

Defendant B from November 1, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 15, 2015, D entered into a lease agreement with the Defendants and the Defendants to lease real estate listed in the separate sheet (hereinafter “instant real estate”) with the term of lease from November 1, 2015 to October 31, 2020, KRW 250 million, and KRW 6 million per month of rent.

The Defendants and D agreed to reduce the rent to KRW 4 million per month under the above lease agreement around July 2016.

(hereinafter referred to as “instant lease agreement”). B.

The Defendants received the instant real estate from D around November 1, 2015, and registered the business under Defendant C’s name. From that time, the Defendants operated the retail store with the trade name “E” from the instant real estate to that time.

C. On June 21, 2018, the Plaintiff entered into a sales contract with D and D to purchase the instant real estate, and completed the registration of ownership transfer on July 23, 2018.

The Plaintiff and the Defendants agreed to receive a rent under the instant lease agreement on the premise that the Plaintiff succeeded to the lessor status of the instant lease after acquiring the ownership of the instant real estate.

E. On May 1, 2020, the Defendants demanded the Plaintiff to renew the instant lease agreement by October 31, 2025. However, on June 8, 2020, the Plaintiff expressed its intent to refuse to renew the instant lease agreement to the Defendants.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-7, the purport of the whole pleadings

2. Determination as to the cause of action

A. Article 10(1) and (3) of the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”) provides that a lessor may not reject a request for renewal of a contract between six months and one month before the expiration of the lease term unless there is any reason provided in the proviso of paragraph (1).

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