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(영문) 창원지방법원 2019.02.13 2018가단7552
건물명도(인도) 등
Text

1. The defendant against the plaintiffs

(a) deliver the buildings listed in the separate sheet;

B. From January 1, 2019, the delivery of the above building.

Reasons

1. Facts of recognition;

A. The real estate listed in the separate sheet (hereinafter “instant store”) was originally owned by D. However, the Defendant leased the instant store from D and renewed the contract on several occasions. Finally, on March 1, 2014, the Defendant was determined and renewed from D to December 31, 2014, the deposit amount of KRW 20,000,000, monthly rent of KRW 2,100,000, monthly rent of KRW 2,100,000, and the period from March 1, 2014 to December 31, 2017.

[D and the Defendant indicated in the lease agreement (No. 2 No. 1) signed on March 1, 2014, that “this agreement is no longer extended for 14 consecutive years, and the real estate is returned at the same time as the termination of the contract. In fact, this agreement is an extension contract for return of real estate under an agreement.”

B. The Plaintiffs purchased the instant store from D on September 27, 2017 and completed the registration of ownership transfer as to each of 1/2 shares.

C. The Defendant refused to accept the previous rent upon requesting the Plaintiffs to conclude a new lease agreement, and deposited KRW 2,100,000 per month by December 31, 2018.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, and Eul 2 (including paper numbers), the purport of the whole pleadings

2. Determination

A. Before the former Commercial Building Lease Protection Act was amended by Act No. 13284, May 13, 2015, to determine the cause of the claim

B. The term “former Commercial Building Lease Act” refers to “former Commercial Building Lease Act”

() According to the proviso to Article 2(1) and Article 2(1)4 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 26637, Nov. 13, 2015), in the case of a creative city, the opposing power provision under Article 3 of the former Commercial Building Lease Act is not applicable in the case of a lease the amount of security deposit of which exceeds KRW 180,000,000. However, the lease contract between the Defendant and D with respect to the instant store is KRW 230,000 under the former Commercial Building Lease Act (i.e., the original deposit amount of KRW 210,000,000 converted the monthly rent according to the ratio under Article 2(3) of the Enforcement Decree of the same Act. Therefore, the Defendant is the former Commercial Building Lease Act.

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