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(영문) 서울서부지방법원 2015.08.19 2014가단49046
건물명도
Text

1. The Defendant indicated in the attached Form 1, 2, 3, 4, among the coagu Seoul Yongsan-gu and coagu residential house 61.45 square meters, to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. Recognizing the facts of recognition, Yongsan-gu Seoul, Yongsan-gu and the coagu 61.45 square meters of a single-story house (hereinafter “instant building”) were newly constructed in around 1959 and was approved for use on April 14, 1959.

피고는 2012. 10. 29. 소유자인 원고로부터 이 사건 건물 중 별지 도면 표시 1, 2, 3, 4, 1의 각 점을 차례로 연결한 선내 ㈎ 부분 24.04㎡(이하 ‘이 사건 점포’라 한다)를 임대차보증금 1,000만 원, 차임 월 60만 원, 임대차기간 2012. 11. 23.부터 2014. 11. 23.까지로 정하여 임차하는 내용의 임대차계약(이하 ‘이 사건 임대차계약’이라 한다)을 체결하였다.

The defendant occupies and uses the store of this case.

On October 13, 2014, the Plaintiff was planning to repair or remove all the safety issues arising from the aging of the instant building pursuant to Article 10(1)7 of the Commercial Building Lease Protection Act to the Defendant. As such, upon the expiration of the instant lease agreement, the Plaintiff notified the Defendant that the instant store will be clarified.

[Reasons for Recognition] Gap 2 and 3 evidence Gap 5-2, the purport of the whole pleadings

B. Inasmuch as the instant lease agreement has expired on November 23, 2014, the Defendant is obligated to deliver the instant store to the Plaintiff.

2. The Defendant asserts that the instant lease agreement was renewed since the Defendant demanded the renewal of the contract to the Plaintiff pursuant to Article 10(1) of the Commercial Building Lease Protection Act.

On the other hand, the plaintiff asserts that there is a justifiable reason to refuse the defendant's request for renewal because the building of this case constitutes "any danger of safety accidents, such as aging damage or partial destruction of the building," under the proviso of Article 10 (1) 7 (b) of the Commercial Building Lease Protection Act.

Article 10 of the National Tax Service's standard market price calculation method is defined as 30 years for each description of Gap evidence 7-1 and 2 and the service life of the brickd building.

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