logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.04.07 2016가단38686
건물인도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 6, 2016, the Plaintiff purchased a building listed in the separate sheet (hereinafter “instant building”) and completed the registration of ownership transfer. The Defendant, on October 22, 2014, leased the instant building from C, who was the former owner, at KRW 24 months from October 30, 2014, KRW 50 million, and KRW 2.5 million from monthly rent.

B. On October 10, 2016 and October 21, 2016, the Plaintiff expressed to the Defendant that he/she did not wish to extend the term upon the expiration of the term of lease.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1-1, 3, and 5

2. The assertion and judgment

A. The plaintiff asserts that at the time of the purchase of the building of this case, the plaintiff did not enter into an additional lease agreement upon the expiration of the above lease term, and notified the plaintiff to build a new building by removing the building of this case. The defendant asserts that the building of this case should be delivered to the plaintiff according to the expiration

The Defendant did not receive notification from the Plaintiff of the intention to remove and newly construct the instant building, and did not constitute grounds for removal and new construction of the instant building. The Defendant may oppose the Plaintiff who succeeded to the lessor’s status from the former owner. The Defendant demanded renewal of the said lease agreement to the former owner on August 9, 2016, and on September 27, 2016, the Plaintiff’s assertion on the premise that the said lease was terminated is groundless.

B. There is no evidence to prove that the Plaintiff, at the time of the purchase of the instant building, notified the Defendant of his intent to remove the instant building and build a new building upon the expiration of the said lease term, and there is no evidence to prove that the structural deterioration of the instant building may be denied for the renewal of the said lease term under Article 10(1)7 of the Commercial Building Lease Protection Act.

In addition, there is no dispute between the parties or set forth in Section 1.

arrow