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(영문) 광주지방법원 2019.01.18 2018가단521968
건물명도(인도)
Text

1. The Defendant shall deliver to the Plaintiff all the 2nd floor of 315.18 square meters among the real estate listed in the attached list.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On April 27, 2006, C completed the registration of ownership transfer with respect to real estate listed in the separate sheet, and on November 24, 2015, C entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 20 million, monthly rent of KRW 20 million, and the lease term of KRW 20 million from November 25, 2015 to November 25, 2017 with respect to the whole area of KRW 315.18 square meters of the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On January 31, 2018, the Plaintiff completed the registration of ownership transfer based on the trust with respect to real estate stated in the separate sheet.

[Reasons for Recognition] Each entry of Gap evidence 1 and 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the fact that the Defendant’s name of the building was also the duty to recognize, the instant lease contract was terminated on November 25, 2017.

Therefore, the defendant is obligated to deliver the real estate of this case to the plaintiff, except in special circumstances.

B. The Defendant asserts that the instant lease contract was renewed by the Defendant’s exercise of the right to demand renewal under Article 10(1) of the Commercial Building Lease Protection Act.

According to the evidence No. 6, it is recognized that the defendant notified C of the request for renewal to the effect that C will extend the term of the lease contract of this case on October 23, 2017.

However, the proviso of Article 10(1)1 of the Commercial Building Lease Protection Act provides that the lessor may refuse the request for renewal in cases where the lessee is in arrears with the amount equivalent to the three-term rents. According to the written evidence Nos. 4 and 6, the Defendant was in arrears with the amount equivalent to the three-term rents as of May 2016, July 2016, February 2016, February 2016, and February 2017, respectively, and C was in arrears with the amount equivalent to the three-term rents, and C was in arrears on November 20, 2017.

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