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(영문) 광주지방법원 순천지원 2018.01.09 2017가단6423
건물인도 등
Text

1. Defendant B shall deliver to the Plaintiff the real estate listed in the separate sheet, and Defendant C shall be from the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On June 25, 2009, Defendant B entered into a lease contract with respect to the real estate listed in the separate sheet (hereinafter “instant golf driving range”) with respect to the lease deposit amount of KRW 5 million, KRW 330,000,000 per month, and the lease term from June 25, 2009 to June 24, 2012 (hereinafter “instant lease contract”). The instant golf driving range is transferred to the instant golf driving range. Defendant C occupied the instant golf driving range with its business operator’s registration, and the Defendants also operated the instant golf driving range.

B. On December 14, 201, the Plaintiff succeeded to the status of D as a lessor against the Defendant, upon inheritance of Nonparty D’s children on December 14, 201 from the network, and completing the registration of ownership transfer.

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

2. The assertion and judgment

A. The Plaintiff asserted that the instant lease contract was terminated due to the expiration of the period of validity, and thus, the Plaintiff sought a transfer of the instant golf driving range to Defendant B, and Defendant C sought a eviction from the instant golf driving range.

As to this, the Defendants asserted that the instant lease agreement is renewed and continued to exist, and that there is no obligation to deliver it.

B. Determination 1) The fact that the Plaintiff and Defendant B entered into the instant lease agreement, and that the Defendant C occupied the instant golf range is as seen earlier. According to the purport of the written evidence No. 1, No. 1, and No. 1, and the entire pleadings, the lease agreement between the Plaintiff and the Defendant B was renewed by implied renewal (Article 10(4) of the Commercial Building Lease Protection Act until June 24, 2017), as the lessor did not notify the Defendant B of the rejection of renewal after the lease term of the said lease, and the lease agreement between D and the Defendant B was renewed by an implied renewal (Article 10(4) of the Commercial Building Lease Protection Act) once every one year (i.e., until June 24, 2017). Accordingly, the Plaintiff may be recognized as having expressed his intent to refuse the renewal of the contract to the Defendant B through a certification of the content

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