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(영문) 청주지방법원충주지원 2014.11.13 2014가단1396
건물명도, 임대료
Text

1. Of the first floor stores of real estate listed in the separate sheet to the Plaintiff (Appointed Party);

A. Defendant B shall indicate the annexed drawings.

Reasons

1. Facts of recognition;

A. The owner E of the building indicated in the separate sheet (hereinafter “instant building”) decided to lease the first floor store of the instant building to the Defendants, and concluded a lease agreement with the following specifications (hereinafter “each of the instant lease agreements”).

The term of lease covered by the defendant contract date (won) B on March 10, 2003, and 50,000,000 C on May 10, 2005, part of the attached Form (A) of 24 months and 10 million C on May 10, 2005, and part (C) of 60 months and 20 million D on March 17, 2001, and 300,000 won for 24 months and 5 million won.

B. On August 9, 2013, Plaintiff (Appointed Party; hereinafter “Plaintiff”) and Appointed Party F transferred ownership of 1/2 shares of the instant building from E, and around October 1, 2013, Defendant B notified the Defendants by the end of each instant lease agreement, i.e., March 9, 2014; Defendant C, May 9, 2014; and Defendant D, by March 16, 2014; and notified the Defendants that they had no intent to renew the lease, with the same content once again on January 24, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 and 4 (each number is included; hereinafter the same shall apply), the purport of the whole pleadings

2. In full view of the purport of the argument in Gap evidence No. 2, the defendants can be found to have occupied and used each part of the store without entering into a new lease agreement with Eul from the date of entering into each of the instant lease agreements to the date of entering into each of the instant lease agreements. Thus, each of the instant lease agreements was implicitly renewed at the expiration date of each of the instant lease agreements (Defendant B, May 9, 2005; Defendant C, March 16, 2003; and Defendant D, March 16, 2003). Such renewed lease agreement becomes one year (Article 10(4) of the Commercial Building Lease Protection Act, Defendant B, and D shall be amended by Act No. 9649, May 8, 2009).

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