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(영문) 광주지방법원 2020.11.27 2020나56048
건물명도(인도)
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. The Defendant is the party’s status 1) On July 9, 2012, the “C pharmacy” located in the instant store (hereinafter “instant pharmacy”) refers to the instant pharmacy.

2) On October 14, 2015, the Plaintiff, a partner of the Pharmaceutical Affairs Act, and a pharmacist who completed the registration of ownership transfer on October 16, 2015, is a person who completed the registration of ownership transfer on the ground of the above donation on October 16, 2015.

B. The Defendant, who entered into a lease agreement with the instant store, leased the instant store from July 9, 2012 to July 8, 2017, and operated the instant pharmacy for five years.

Upon the expiration of the lease term, the Defendant entered into a lease agreement with the Plaintiff on July 9, 2017, setting the lease deposit amount of KRW 100 million, the lease term from July 9, 2017 to July 8, 2019, and the monthly rent of KRW 4.4 million (including value-added tax) from the Plaintiff (hereinafter “instant lease agreement”).

C. On May 31, 2019, the Plaintiff notified the Defendant of the refusal to renew the instant lease agreement and the Defendant’s right to request the renewal of the contract. The Plaintiff notified the Plaintiff of the purport that the instant lease agreement is renewed by exercising the Plaintiff’s right to request renewal under Article 10(1) of the Commercial Building Lease Protection Act on June 7, 2019.

The Defendant is currently operating the instant pharmacy at the present store.

[Ground of recognition] Facts without dispute, Gap 1, 5 (including branch numbers, if any; hereinafter the same shall apply), 11, Eul 1, and 16, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Plaintiff, a lessor of the instant store, is the Plaintiff.

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