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(영문) 서울서부지방법원 2016.02.12 2015가단15842
건물명도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 24, 2012, the Plaintiff, an owner or a lessor holding concurrent office, entered into a lease agreement with the Defendant for one year from November 1, 2012 to October 31, 2013; (1) Of the real estate 15 underground floors attached Table 15, the portion of (a) part of (b) No. 24-26 of the shop No. 59.50 square meters inside the ship (hereinafter “the first shop in this case”); (c) the lease agreement for 9,00,000, monthly rent for 576,000 ( separate value-added tax); (d) the lease agreement for 15, 15, and 15, as indicated in the attached Table 1 list; (e) the lease agreement for 20,000 won to 20,000 won to 30,000 won to 10,0000 won to 10,000 won to 20,015, 2016, or 27.1.1.

B. Since September 30, 2013, the Plaintiff and the Defendant concluded the instant lease agreement with respect to the first and second stores of the instant case on September 30, 2013, setting the period from November 1, 2013 to October 31, 2014.

C. Article 4 of each of the instant lease agreements provides that “A (the Plaintiff) and B (the Defendant) shall be automatically extended for one year under the same conditions as the instant lease agreement, unless there is a written notice of the expiration of the contract at least two months prior to the expiration of the contract.”

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1, 2, 3, and 4, and the purport of the whole pleading

2. The assertion and judgment

A. On May 12, 2014, prior to the expiration of each of the instant lease agreements, the Plaintiff asserted by the parties, by notifying the Defendant of his/her intention to refuse renewal through several times from that time, and notifying the Defendant of his/her intention to refuse renewal. As such, each of the instant lease agreements was terminated on October 31, 2014.

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