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(영문) 창원지방법원진주지원 2019.09.19 2019가단1257
건물명도
Text

1. The Defendant, from March 1, 2019 to March 1, 2019, shall draw up a drawing from the Plaintiff among the first floor of the building indicated in the attached list.

Reasons

1. Determination on the cause of the claim

A. 1) On February 29, 2016, the Plaintiff: (a) on February 29, 2016, the real estate indicated in paragraph (1) of the Disposition to the Defendant (hereinafter “instant commercial building”).

The Defendant leased the commercial building of this case. The deposit was KRW 20,00,000, KRW 430,000, KRW 430,000, and the lease term was set until February 28, 2018. 2) The lease contract between the original Defendant was renewed on March 1, 2018 and March 1, 2019, respectively.

3) The Defendant did not pay the rent for the period after March 1, 2019. (4) The Plaintiff, on June 5, 2019, declared that the lease contract is terminated on the ground of the rent for the third period. The Plaintiff declared that the lease contract was terminated on the ground of the rent for the third period. The written application for change of the purport of the claim and the cause of the claim filed on June 5, 2019, stating the above declaration of intent, was served on the Defendant on June 17, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 12, the purport of the whole pleadings

B. Determination 1) If the annual rent of a lessee amounts to three times the rent, the lessor may terminate the contract (Article 10-8 of the Commercial Building Lease Protection Act), and the lessor may refuse the lessee’s request for renewal of the contract (Article 10(1) of the same Act). Since the Defendant’s failure to pay rent after March 1, 2019 falls short of three times the annual rent, the Plaintiff may terminate the lease contract, barring any special circumstance, and barring any special circumstance, the Defendant is obligated to deliver the instant commercial building to the Plaintiff and pay the Plaintiff the amount calculated at the rate of KRW 430,000 per month from March 1, 2019 to the completion date of delivery of the instant commercial building.

3) Meanwhile, the Plaintiff asserts to the effect that, since the Defendant had already operated the business in the instant commercial building for more than ten years, the Defendant cannot request the Plaintiff to renew the contract, and thus, the term of lease should be deemed to have expired. According to the records of lives, Nos. 1-1 and 3, the Defendant’s mother C is the former owner of the building listed in the attached Table (the former owner of the building) on July 30, 2003.

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