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(영문) 인천지방법원부천지원 2019.01.11 2018가합656
집배행위의 무효확인
Text

1. The part concerning the claim for nullification of the instant lawsuit is dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. On July 22, 2013, the Plaintiff filed a lawsuit regarding the name of the building between the Plaintiff and D (hereinafter “instant building”) and the building indicated in the list from D (attached Form 1) (hereinafter “instant building”).

) A deposit is KRW 7,00,000, monthly rent is KRW 450,000, and the lease is made between July 31, 2013 and July 31, 2018 (hereinafter “instant lease agreement”).

(2) On September 27, 2016, the Plaintiff agreed to sell the instant building to the “G” on September 27, 2016 and to be occupied by the lessee by the remainder of the lease period, and the Plaintiff registered its business with the name of the “E branch” upon delivery of the instant building from D. (2) On March 21, 2016, the Bupyeong-si Urban Management Plan (F district unit plan) was publicly announced on March 21, 2016.

3) On January 12, 2017, 2017, D filed a lawsuit against the Plaintiff for the surrender of the instant building following the termination of the instant lease agreement (this Court Decision 2017Da676), and the said court rendered a ruling of dismissal on September 8, 2017, which became final and conclusive on the 27th of the same month. (B) On March 29, 2018, D sent the Plaintiff and the addressee’s address as “Tcheon-si I Building and Jho,” with content-proof mail (hereinafter “the instant mail”) that “the expiration date of the instant lease agreement is July 31, 2018,” and that “No intent to renew the lease agreement is notified.”

2. The instant postal item was received as a registration number C at the Kim-dong post office, and was delivered to the address of the said addressee on April 2, 2018 at the Busan-dong post office, which is the delivery agency, but was impossible to serve due to the absence of the text, and was delivered to the same address on the following day.

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