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(영문) 서울북부지방법원 2017.09.21 2016가합25649
건물명도
Text

1. The defendant is paid KRW 50,000,000 from the plaintiffs, and at the same time, each of the real estate stated in the separate sheet to the plaintiffs.

Reasons

1. Basic facts

A. From October 8, 2008, the Defendant entered into a lease agreement with D, which is the former owner of each real estate listed in the separate sheet, and from around October 8, 2008, operated “Enbs” in the part of the ship, which connects 1, 2, 3, 4, and 1 of the separate sheet among the two and three floors of each real estate indicated in the separate sheet, to the present date (hereinafter “instant real estate”).

A lessor who enters into a lease lease contract dated May 31, 201: D, lessee: From September 30, 2011 to September 30, 2014: deposit amount: KRW 50 million, monthly rent: KRW 170,000.

B. Meanwhile, on May 31, 2011, the Defendant concluded a lease renewal contract with D as follows, and thereafter the said lease contract was implicitly renewed.

(hereinafter “instant lease agreement”). C.

On August 31, 2015, the Plaintiffs acquired the ownership of each real estate listed in the separate sheet and succeeded to the lessor status of the instant lease agreement. On October 8, 2015, and November 4, 2015, the instant real estate needs to be repaired and repaired, and thus, notified the Defendant that he/she did not wish to renew the lease agreement any longer. On April 12, 2016, and September 6, 2016, the Plaintiffs notified the Defendant that the lease agreement with the Defendant will expire as of September 30, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 4 (if available, including each number), the purport of the whole pleadings

2. According to the reasoning of the judgment on the cause of the claim, the instant lease agreement was terminated on September 30, 2016 due to the lessor’s notice of refusal to renew the lease agreement (the lease period is one year pursuant to Article 10(4) of the Commercial Building Lease Protection Act in the case of implied renewal). Thus, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiffs simultaneously with receiving KRW 50 million from the Plaintiffs who succeeded to the lessor’s status.

3. On September 30, 2016, the Defendant rendered judgment on the Defendant’s assertion that the monthly rent of KRW 1.7 million is paid to the Plaintiffs even after September 30, 2016.

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