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(영문) 서울중앙지방법원 2014.04.17 2013가합93611
건물인도 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In full view of the purport of the entire pleadings, the following facts can be acknowledged in the statement in Gap evidence Nos. 1 to 4.

On December 28, 2011, the Plaintiff entered into a contract with the Defendant to lease the building listed in the attached list (hereinafter in this case’s building) to the Defendant with the lease deposit of KRW 150,00,000, monthly rent of KRW 3,000 ( KRW 3,300,000 if the building includes value-added tax) and the lease term of KRW 2 years from December 28, 201 to December 27, 2013 (hereinafter in this case’s lease contract).

B. In accordance with the instant lease agreement, the Plaintiff delivered the instant building to the Defendant at the time of entering into the instant lease agreement, and the Defendant paid KRW 150,000,000 to the Plaintiff.

C. On October 25, 2013, the Plaintiff sent to the Defendant a content-certified mail stating that the term of the instant lease agreement expires on December 27, 2013, and the said content-certified mail sent to the Defendant on October 28, 2013.

On November 18, 2013, the Plaintiff sent to the Defendant a content-certified mail to the effect that the term of the instant lease agreement expires on December 27, 2013, and that it would not renew the contract. The content-certified mail sent to the Defendant on November 19, 2013.

2. According to the above facts finding as to the cause of the claim, the instant lease agreement was terminated upon the expiration of the period on December 27, 2013 by the Plaintiff’s declaration of rejection of renewal on October 25, 2013. Thus, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff, and return the amount of unjust enrichment on the rent basis calculated by the ratio of KRW 3,300,000 per month from December 28, 2013 to the delivery date of the instant building from December 28, 2013 to the date following the expiration date of the said period to the Defendant’s delivery date.

3. Judgment on the assertion of renewal request

A. The Defendant’s assertion is that on November 20, 2013, before the expiration of the term of the instant lease agreement, the Commercial Building Lease Protection Act is applied to the Plaintiff.

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