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(영문) 서울남부지방법원 2017.09.14 2016가단21326
건물인도 등
Text

1. The Defendant (Counterclaim Plaintiff) from the Plaintiff (Counterclaim Defendant) to KRW 100,00,000,000, the real estate indicated in the attached Table from June 21, 2016.

Reasons

1. Determination as to the main claim

A. (i) On February 9, 201, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the real estate listed in the separate sheet (hereinafter “instant building”) as follows.

- A lessor: The Plaintiff, the lessee, and the lessee: 10 million won - the lease deposit - the lease term: 5280,000 won per month (including value-added tax) - From February 20, 2011 to February 20, 2013, and the instant lease contract was explicitly renewed, and the Plaintiff expressed his/her intent to terminate the instant lease contract to the Defendant on February 20, 2016 through content-certified mail on February 18, 2016, and the mail certifying the contents thereof was served on the Defendant on February 23, 2016.

Article 22(1) of the Civil Act provides that the Defendant shall not pay the Plaintiff the amount of rent or rent after June 21, 2016, while he still occupies and uses the building of this case until the closing date of the pleadings of this case.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings

B. On February 18, 2016, upon the termination of the instant lease agreement, the notice of termination based on the content-certified mail of February 18, 2016 was imposed on the period of notification of rejection of renewal (from six months to one month before the expiration of the lease term) under Article 10(4) and (1) of the Commercial Building Lease Protection Act. It is difficult to say that the Plaintiff’s notice of termination of the instant lease agreement was legally terminated on February 20, 2016. However, there is no evidence to prove that the Plaintiff has continuously expressed his/her intent to refuse the renewal of the instant lease to the Defendant for that period.

On February 23, 2016, when six months have passed since the Defendant himself/herself received the above content-certified mail, it appears that the instant lease contract was terminated on August 23, 2016, and that it was based on Article 635(2)1 of the Civil Act. However, the Plaintiff’s content-certified mail on February 18, 2016.

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