logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.05.13 2015가단48554
건물명도
Text

1. The Defendant shall deliver to the Plaintiff one story of 136.94 square meters among the real estate indicated in the attached Form.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. On September 24, 2003, C leased one floor (hereinafter “instant building”) among the real estate stated in the attached Form to the Defendant, and concluded a lease contract with the Defendant (hereinafter “instant lease contract”) on December 30, 2014, and the lease deposit was set at KRW 36,00,000 for the lease deposit, KRW 1,300,00 for the rent, and the lease term was set at between December 30, 2014 and December 29, 2015.

B. On May 28, 2015, the Plaintiff purchased the instant building from C and succeeded to the lessor’s status under the instant lease agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1, the purport of whole pleadings

2. According to the facts of determination as to the cause of the claim, since the lease contract of this case terminated upon the expiration of the contract term, the defendant is obligated to deliver the building of this case to the plaintiff.

(B) Since five years have passed since the Defendant first leased the above building, the Defendant may not refuse a request for renewal of the contract between six months and one month before the expiration of the lease term without justifiable grounds (see, e.g., Article 10(2) and Article 10(1) of the Commercial Building Lease Protection Act) (1) where a lessee requests renewal of the contract between six months and one month before the expiration of the lease term: Provided, That this shall not apply to any of the following cases:

A. The gist of the defendant's assertion is that the plaintiff did not guarantee the defendant an opportunity to recover the premium, and thus the plaintiff cannot respond to the plaintiff's claim.

B. Determination 1) Articles 10-4(1), 10-4(3), and 10-4(Premium) of the Commercial Building Lease Protection Act.

arrow