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(영문) 서울남부지방법원 2018.06.15 2017가단254963
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. On April 2016, the Plaintiff leased the real estate listed in the attached list to the Defendant, without a deposit, at the time limit of KRW 300,000 per month, to the Defendant for the purpose of the tableing. On April 2017, the Plaintiff provided that the monthly rent was reduced by KRW 20,000 at the Defendant’s request.

B. On November 9, 2017, the Plaintiff notified the termination of the instant lease agreement and served to the Defendant around that time.

【In the absence of any dispute, entry in Gap’s evidence Nos. 1 through 3, the purport of the whole pleadings】

2. The assertion and judgment

A. According to Article 635(1) and (2)1 of the Civil Act, in the absence of a term of lease, a party may notify at any time the termination of the contract, and in the case of a building, if the lessor has notified the termination, the termination becomes effective six months after the other party has been notified thereof.

Therefore, barring any special circumstance, a lease agreement on the instant real estate shall be deemed terminated at the time of May 10, 2018 when six months elapsed from November 9, 2017, which was notified by the Plaintiff, a lessor, of the termination of the contract. As long as it is obvious that the termination date of the contract was the effective date of the termination of the contract as of the date of closing the argument in this case, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

B. The defendant defense to the effect that since the building of this case is subject to the Commercial Building Lease Protection Act, the right to claim for renewal of the contract should be recognized for five years.

The purpose of this Act is to ensure the stability of the economic life of the people by prescribing exceptions to the Civil Act with respect to the lease of commercial buildings, and the main sentence of Article 2(1) is to lease of commercial buildings (including cases where the main part of the leased object is used for business purposes) (referring to buildings subject to business registration under Article 3(1)).

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