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(영문) 의정부지방법원 2019.01.15 2018가단106555
건물명도(인도)
Text

1. The Defendants shall deliver to the Plaintiff the 129.48 square meters of the 1st floor among the buildings listed in the attached list.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Basic facts

A. On January 26, 2016, the Plaintiff completed the registration of ownership transfer for each of the above real estate on March 3, 2016, on the purchase of the building indicated in the attached Table 275 square meters and above ground (hereinafter “instant building”) owned by Defendant B and E large scale 317 square meters (hereinafter “instant sales contract”).

B. From June 1, 2013, Defendant C, the wife of Defendant B, operated the restaurant in the name of “F” in the name of the 129.48 square meters of the 1st floor of the instant building (hereinafter “instant store”). However, on February 26, 2016, the Plaintiff entered into a lease agreement with Defendant C on the instant store on the condition that Defendant C may continue to operate the said restaurant, and that the lease agreement for the instant store was concluded on the condition that Defendant C would have been KRW 10 million of lease deposit, KRW 60 million of monthly rent, KRW 24 months of lease term.

(A) Nos. 3 and 9, and hereinafter “instant lease agreement”). With respect to the instant lease agreement, the instant sales contract (Evidence No. 7) appears to be a clerical error in the “F” of the first floor G as a special agreement.

(10 million won) The buyer shall succeed to the security deposit.

The term "" is written as "."

C. The Plaintiff did not receive a deposit of KRW 10 million under the instant lease agreement in accordance with the said special agreement. D.

At present, the defendants are operating the store of this case together.

【Ground for Recognition: Facts without dispute, entry of Gap evidence 3, 7, and 8, and results of response to the submission of taxation information by the director of the tax office having jurisdiction over the court (the response on October 5, 2018)

2. The plaintiff's assertion

A. Under the Commercial Building Lease Protection Act, a lessee’s right to request renewal of a lease can only be exercised within the extent that the entire term of lease does not exceed five years, including the initial term of lease. Since the Defendants leased the instant store on June 1, 2013, the term of lease expired on May 31, 2018, and the Plaintiff filed the instant lawsuit after February 25, 2018.

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