(영문) 서울서부지방법원 2021.01.27 2019가단236111

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Reasons

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자간(%)

(영문) 서울서부지방법원 2021.01.27 2019가단236111

건물명도(인도)

Text

1. The defendant received KRW 39,468,902 from the plaintiff and simultaneously received the return from the plaintiff, among the 1st floor of the building indicated in the attached Table to the plaintiff.

Reasons

1. Around March 9, 2017, the Defendant: (a) successively connected C with each of the points listed in the separate sheet No. 1, 2, 3, 4, 5, 6, and 1 among the 1st floors of the building listed in the separate sheet; and (b) successively connected each point of 7, 8, 9, 10, 11, 12, 13, 14, and 7 of the separate sheet No. 185.58 square meters (hereinafter “the instant real estate”); (c) during the period from March 20, 2017 to March 19, 2019; and (d) determined that the amount of KRW 70,000,000 for the lease deposit, KRW 5,60,000 for the rent and KRW 60,00 for the rent and KRW 60,000.

(hereinafter referred to as “instant lease agreement”) The Plaintiff purchased 60/100 shares of the instant real estate from C on July 10, 2018 and completed the registration of ownership transfer on March 27, 2019.

On April 4, 2019, the Plaintiff would terminate the instant lease agreement to the Defendant around April 4, 2019.

The notification was made.

[Grounds for recognition] Unsatisfy, Gap 2, 3, 6, and 7's statements, the purport of the whole pleadings

2. Determination:

A. According to the reasoning of the judgment on the cause of the claim, the instant lease contract was terminated on March 19, 2019 and the Plaintiff succeeded to the status of the lessor on April 4, 2019, which was within a reasonable period from the expiration of the lease contract, and the notification thereof was reached to the Defendant around that time. The instant lease contract was terminated on October 4, 2019. Thus, the Defendant shall deliver the instant real estate to the Plaintiff, barring any special circumstance (the claim for termination due to the delinquency in payment during the third period is not judged separately). (B) The Defendant made an oral agreement with the lessor to extend the instant lease contract by March 19, 202, between the lessor and the lessor before the expiration of the lease contract period.

One of the arguments, there is no evidence to acknowledge it, and the above argument is not accepted.

2) The Defendant has renewed the instant lease agreement pursuant to Article 10(4) of the Protection of Commercial Building Lease Act (hereinafter “Standing Act”).

I.1.

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