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(영문) 서울중앙지방법원 2018.11.12 2018가단5073764
건물명도(인도)
Text

1. The Defendant shall deliver to the Plaintiff the third floor of 80.48 square meters among the real estate indicated in the attached Form.

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

Reasons

1. Basic facts

A. On October 28, 2013, the Defendant: (a) leased a lease deposit of KRW 20 million, KRW 1.5 million per month in rent; (b) from November 28, 2013 to November 28, 2015; (c) leased the said store with the name “D” under the delivery of the said store (hereinafter “instant lease agreement”); and (d) operated a restaurant with the name “D”.

B. On October 29, 2014, the Plaintiff succeeded to the lessor’s status under the instant lease agreement by purchasing the instant building from C and completing the registration of ownership transfer on January 16, 2015.

C. After that, the instant lease agreement has been implicitly renewed. On October 17, 2017, the Plaintiff notified the Defendant by content-certified mail that “the said lease agreement is terminated as of November 28, 2017, and no longer intends to renew the contract” and this reached the Defendant on October 19, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the facts of the determination on the cause of the claim, the instant lease contract was terminated on November 28, 2017, and thus, the Defendant is obligated to deliver the instant store to the Plaintiff, barring any special circumstance.

[Defendant] The former Commercial Building Lease Protection Act (amended by Act No. 15791, Oct. 16, 2018; hereinafter “former Commercial Building Lease Act”).

Article 10(1) and (2) asserts to the effect that the instant lease agreement continues until November 28, 2018 when the five-year period for which the Defendant may demand the renewal of the contract expires, and that the Plaintiff’s refusal of the contract contrary thereto is unlawful. However, the Plaintiff’s refusal notice is lawful pursuant to Article 10(1) and (4) of the same Act, and is lawful, and the effect of the said lease agreement is maintained for five years for which the Defendant may demand the renewal of the contract as alleged by the Defendant.

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