(영문) 의정부지방법원고양지원 2015.05.01 2014가단65130

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(영문) 의정부지방법원고양지원 2015.05.01 2014가단65130

건물인도

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 10, 2012, the Plaintiff purchased the real estate listed in the separate sheet (hereinafter “instant building”) owned by Nonparty C at the auction procedure and acquired ownership.

B. Meanwhile, the Defendant leased the instant building from Nonparty C to run the restaurant business in the name of D from about 15 years prior to the said auction procedure, and completed the business registration on April 15, 2008.

C. On March 7, 2013, the Plaintiff and the Defendant entered into a lease agreement with the term of lease from March 7, 2013 to March 6, 2014, with the term of lease from March 7, 2013, with the implied renewal for one year in the absence of special circumstances, and with the lease deposit amount of KRW 25,00,000 (the Plaintiff acquired buildings other than those presented to the Defendant and will substitute the said lease deposit with the said lease deposit), and the monthly rent of KRW 80,000.

Since then, the instant lease agreement was explicitly renewed on March 2014, and thereafter, the Defendant still occupies the instant real estate.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, Eul evidence No. 1, the purport of the whole pleadings

2. The Plaintiff asserted that the instant lease contract was concluded on the condition that the contract was extended one-year basis between the Defendant and the Defendant, and that the new purchaser would purchase the instant real estate and remove the old building and construct the new building through proof of the content on August 4, 2014, and notified the lease contract to the effect that the instant lease contract was terminated on March 6, 2015. Thus, the Defendant asserts that the said lease deposit was returned from the Plaintiff to the Plaintiff and at the same time that the said lease deposit was returned to the Plaintiff.

In this regard, the defendant can renew the contract period by March 6, 2018, which is five years from the date of conclusion of the contract pursuant to the Commercial Building Lease Protection Act, and the reason that the plaintiff claims is entitled to refuse the contract renewal request.

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