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(영문) 대구지방법원 2017.08.17 2016가합205483 (1)
건물명도
Text

1. The defendant shall be the plaintiff.

A. At the same time, the Plaintiff received KRW 30,000,000 from the Plaintiff, real estate listed in the attached Table.

Reasons

1. Basic facts

A. On January 10, 201, the Plaintiff entered into a lease agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “instant store”) with the terms of KRW 30 million, monthly rent of KRW 300,000,000, monthly rent of KRW 3000,000, and the term of lease from January 10, 201 to June 30, 2013.

Notwithstanding the above term of lease agreement, Article 5 of the Special Agreement provides that "a business term shall be guaranteed for five years, and a contract shall be renewed after consultation with a lessor and a lessee within the scope of inflation rate and statutory pilotage on June 30, 2013 when the contract is completed."

B. Around that time, the Plaintiff paid a deposit of KRW 30 million to the Defendant, and received delivery from the Plaintiff of the instant store, and operated the coffee specialty of the trade name “C” until now.

C. After that, the Plaintiff and the Defendant, on April 19, 2012, deleted the contents of Paragraph (5) of the foregoing Special Agreement, and maintained the lease deposit amount of KRW 30 million and KRW 3 million per month until June 30, 2016, thereby changing the lease contract to the effect that the lease period is until June 30, 2016.

On February 12, 2016, the Defendant sent to the Plaintiff, on June 30, 2016, a content-certified mail stating that the lease term expires, and no longer intends to extend the lease term, so the Defendant shall deliver the leased store to the Plaintiff, and the said mail reached the Defendant around that time.

E. After that, on June 30, 2016, the term of the instant lease was terminated at the expiration of the term, and the Defendant occupies the instant store until now.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 3 and 4, the purport of the whole pleadings

2. Determination:

A. According to the above facts, the instant lease contract was terminated on June 30, 2016 according to the Plaintiff’s refusal to renew the lease contract, and thus, the Defendant, who occupies the instant store upon delivery, barring any special circumstance, is the Plaintiff.

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