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(영문) 제주지방법원 2015.01.13 2013가단32801
건물명도
Text

1. The defendant shall deliver to the plaintiff the attached real estate list 1 and 2.

2. The plaintiff's remaining claims.

Reasons

1. Basic facts

A. On March 28, 2012, the Plaintiff agreed to the Defendant to pay the Defendant the management expenses for the lease term when the owner is changed due to the sale during the contract period from April 1, 2012 to March 31, 2013, on the condition that, on the other hand, this contract shall be null and void when the owner is changed due to the sale during the contract period. Although there is no deposit or rent, the Plaintiff shall pay the management expenses for the actual use, and if there is no deposit or rent, it shall pay the full amount of the management expenses for the lease term.

B. The Defendant, upon the Plaintiff’s request, moved from January 26, 2013 to the 1, 2, and 3 (2) of the same list, which is subject to the Commercial Building Lease Protection Act (hereinafter “the instant 2-lease building”), and operated its business.

C. In the instant litigation procedure, the Plaintiff did not file an application for appraisal of each of the monthly rents of the instant building Nos. 1 and 2 leased buildings, but did not comply with the burden of proof.

On June 25, 2013 and July 16, 2013, the Plaintiff requested the Defendant to change the owner of the instant second-lease building to order the store until July 31, 2013.

[Ground of recognition] A without dispute, Gap evidence 1, 2, 4-1, 2, Gap evidence 5-1 and 5-2, Gap evidence 4-3, part of Gap evidence 4-3, and the purport of the whole pleadings.

2. Determination

A. According to the facts of recognition as to the Plaintiff’s claim for the name of the instant building, it is reasonable to deem that the Plaintiff and the Defendant have explicitly agreed to change the object of the lease agreement on the instant building to the second-lease building. Meanwhile, the lease term was set from April 1, 2013 to March 31, 2014 by implied renewal, and the Plaintiff refused implied renewal on June 24, 2013. Thus, the lease agreement on the second-lease building of this case was terminated on March 31, 2014, and thus, the Defendant is obligated to deliver the instant second-lease building to the Plaintiff.

2.3.

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