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(영문) 울산지방법원 2019.01.16 2018가단63619
건물명도(인도)
Text

1. At the same time, the Defendant received KRW 10,000,000 from the Plaintiff, among the first floor of the building indicated in the attached Table from the Plaintiff.

Reasons

On July 19, 2001, the Plaintiff set a deposit of KRW 10 million and monthly rent of KRW 350,000,000 to the Defendant as stated in Paragraph (1) of the Disposition (hereinafter “instant commercial building”) and leased the building without setting a separate term of lease.

The Defendant operated the “C Pharmacy” in the instant commercial building.

The lease term has come to the present even after it has been implicitly renewed.

On March 2, 2018, the Plaintiff sent a content certification to the Defendant and notified the Defendant that “The term of lease has been extended by one year consecutively, and the term has expired as of July 19, 2018, and thus, the lease is terminated.”

The above content certification was served on the defendant around that time.

The above facts are not significantly disputed between the parties.

The main text of Article 9(1) of the Commercial Building Lease Protection Act (hereinafter referred to as the "Commercial Building Lease Protection Act") provides that "a lease, the period of which is not fixed or the period of which is less than one year, shall be deemed one year."

Since the instant lease agreement does not separately specify the initial term of lease, the term of lease is “one year.” Even if the original Defendant agreed to the initial term of lease by verbally (endend) to “two years,” the term of lease to be renewed after the latter is extended by one year.

Article 10(4) of the Commercial Building Lease Act provides that "If a lessee fails to notify the lessee of the refusal to renew or to notify the lessee of the change of the terms and conditions within the period under paragraph (1), the lessee shall be deemed to have renewed the lease under the same conditions as the former lease at the time the period expires. In such cases, the term of the lease shall be deemed one year

Therefore, it is clear that the instant lease agreement has been renewed and extended at least once a year after July 19, 2003, and it has been renewed and renewed on July 19, 2017, and the period of the lease is up to July 19, 2018.

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