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(영문) 의정부지방법원고양지원 2014.07.24 2014가단7127
건물인도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 8, 2011, the Plaintiff leased each real estate listed in the separate sheet (hereinafter “instant commercial building”) to the Defendant from March 1, 2011 through February 28, 2014, to the Defendant is not a dispute between the parties. Since the lease contract between the Plaintiff and the Defendant expires after the lapse of February 28, 2014, barring any special circumstance, the Defendant is obligated to receive the lease deposit from the Plaintiff and deliver the instant commercial building to the Plaintiff at the same time, barring any special circumstance.

2. Determination on whether a lease contract is renewed or not

A. Since the defendant defense that the lease contract of the commercial building of this case was renewed, it cannot be refused without justifiable grounds if the tenant requests the renewal of the contract between six months and one month before the expiration of the lease term (the main sentence of Article 10(1) and Article 2(3), and Article 2(3) of the Addenda of the Commercial Building Lease Protection Act applies to the lease of all commercial buildings regardless of the amount of deposit deposit and the first contract or renewed after the enforcement of the above Act). Since the defendant sent a written notice demanding the plaintiff to renew the contract on December 24, 2013, the fact that the plaintiff received the contract between the plaintiff and the defendant around that time does not conflict, the lease contract of this case between the plaintiff and the defendant cannot be renewed at the same time by 20 years after the expiration of the lease term (the lease contract of this case between the plaintiff and the defendant).

The defendant's defense is justified.

B. Article 2 of the Addenda to the new Act provides that “a lease which is first concluded or renewed after this Act enters into force” shall be deemed only to mean a lease contract concluded after the new Act enters into force, and a lease contract entered into before the enforcement shall also be deemed to have been concluded.

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