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(영문) 창원지방법원 통영지원 2018.08.30 2017가단21557
건물명도(인도)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On May 14, 2007, the Plaintiff leased the instant store to the Defendant in KRW 10 million, monthly rent of KRW 500,000,000 for two years from May 15, 2007.

The lease contract of this case is "the lease contract of this case" and the contract of this case is "the lease contract of May 14, 2007".

(2) On March 15, 2017, the Plaintiff sent a content-certified mail demanding the Defendant to order the removal of the instant store by May 15, 2017, where the term of the lease expires. It reaches the Defendant around that time. According to Article 10(4) of the Commercial Building Lease Protection Act, the Plaintiff’s assertion of the entire purport of the pleadings, where the lessor did not notify the Plaintiff of the refusal of renewal or the alteration of the terms and conditions from six months to one month before the expiration of the term of the lease, the term of the lease is deemed to be one year. In this case, the term of the lease is deemed to have been extended by one year on the condition that the lessor did not notify the Plaintiff of the refusal of the renewal or the alteration of the terms and conditions at the expiration of the term of the lease. Since the term of the instant lease was repeatedly renewed due to an implied renewal on May 15, 2016, the term of the lease was extended by 15 months until the expiration of the term of the lease.

As the Defendant asserted on May 13, 201, concluded a lease agreement between the Plaintiff and the Plaintiff on May 13, 201, which extends the period of the instant store to the end of May 13, 2020. Therefore, the Plaintiff’s assertion was based on the expiration of the period.

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