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(영문) 의정부지방법원고양지원 2016.07.15 2014가단70774
부동산명도 등
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 20, 2013, the Defendant concluded a lease agreement with the lease deposit amounting to KRW 40,000,000 per month, the rent amounting to KRW 3,00,000 per month, and the lease period from March 21, 2014 to September 21, 2014.

B. On August 20, 2013, the Plaintiff purchased the instant commercial building from C, and the Defendant newly drafted a lease agreement with the Plaintiff from August 21, 2013 to September 20, 2014 regarding the term of the lease from August 20, 2013, with the term of the lease from August 21, 2013 to September 20, 2014. The special terms and conditions of the lease agreement entered into between the Defendant C or the Plaintiff include the following: “The lessee shall reach an agreement on the extension of the term of lease in the absence of special circumstances.”

C. The Commercial Building Lease Protection Act was partially amended by newly establishing Article 2(3) by Act No. 12042, Aug. 13, 2013. The main parts before and after the amendment relating to the instant case are as follows.

Article 2(1) of the former Commercial Building Lease Protection Act (Amended by Act No. 12042, Aug. 13, 2013) (Amended by Act No. 12042, Aug. 13, 2013) and the Commercial Building Lease Protection Act (Amended by Act No. 12042, Aug. 13, 2013) enter into force on August 13, 2013.

Provided, That this shall not apply to lease the amount of security deposit exceeds that prescribed by Presidential Decree.

(2) Notwithstanding the proviso to paragraph (1), Article 10 (1), (2) and the main sentence of paragraph (3) and Article 10-2 shall also apply to the lease exceeding the amount of security deposit under the proviso to paragraph (1);

(1) Article 10 (Request, etc. for Contract Renewal) (1) A lessor shall have the lessee from six months to one month before the expiration of the lease term.

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