(영문) 서울서부지방법원 2017.07.25 2017가단2628

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(영문) 서울서부지방법원 2017.07.25 2017가단2628

건물명도(인도)

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 July 25, 2013, the Plaintiff entered into a lease contract with C on one story (49.55 square meters) and two stories (36.03 square meters) among the instant building, with a lease deposit of KRW 100 million, monthly rent of KRW 4 million, from August 7, 2013 to February 6, 2017, but entered into a lease contract with C on June 12, 2016 with a lease deposit of KRW 40 million, monthly rent of KRW 1.6 million, and the lease contract of KRW 70 million as to the remainder of the first story (19.5 square meters) of the instant building until February 7, 2017 (the lease contract of KRW 200,000,000,000,000,000,0000,000 won and KRW 1.7 million as to the lease deposit of the instant building (the lease contract was established by the Plaintiff.

B. As the Plaintiff demanded the Defendant to increase the lease deposit and rent, the Defendant sent text messages demanding the Plaintiff to renew the instant lease agreement on January 5, 2017, and sent the Plaintiff a certificate of the same purport again on the 10th of the same month.

C. On January 31, 2017, the Plaintiff sent to the Defendant a certificate of content requiring the termination of the instant lease agreement and the delivery of a building.

[Ground of recognition] Facts without dispute, Gap 1 to 4, 6 evidence, Eul 1 (including additional number), the purport of the whole pleadings

2. Determination:

(a) Article 2 (Scope of Application) of the Commercial Building Lease Protection Act in the related Acts and subordinate statutes (1) shall apply to lease (including cases where the main part of the leasehold property is used for business purposes) of commercial buildings (referring to buildings subject to business registration under Article 3 (1));

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

(2) When the guaranteed amount under the proviso to paragraph (1) is determined, economic conditions and conditions of the relevant region.

참조조문

-상가건물 임대차보호법

-상가건물 임대차보호법 제2조

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