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(영문) 인천지방법원 2019.04.03 2018가단204144
건물명도(인도)
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 20, 2015, the Defendant entered into a lease agreement with E, the owner of the building indicated in the attached Form (hereinafter “instant building”), under which 30 square meters inside the line (hereinafter “instant leased part”) connecting each point of the attached Form 1, 2, 3, 4, 5, and 1, among the 1st floor of the instant building, are to lease KRW 10 million from March 20, 2015 to March 20, 2017, the lease deposit amount of KRW 10 million, and monthly rent of KRW 600,000 (hereinafter “instant lease agreement”).

Since then, the Defendant operated “F Real Estate” on the leased premise of the instant case, and the instant lease agreement was implicitly renewed.

B. On June 2, 2017, the Plaintiffs completed a share transfer registration on the instant building on the grounds of sale on March 3, 2017, and the lessor status of the instant lease was succeeded to the Plaintiffs.

C. On June 19, 2017, the Plaintiffs issued to the Defendant a certificate of content that, on the grounds that: (a) the Plaintiff was unable to achieve the purpose of lease due to the full or partial destruction of the leased building under Article 10(1)6 of the Commercial Building Lease Protection Act (hereinafter “Act”); and (b) the lessor’s refusal to renew the contract was necessary for the lessor to remove or reconstruct all or part of the leased building; and (c) the lessor’s refusal to renew the contract falls under the case where the possession and recovery of the leased building is required for the removal or reconstruction of all or part of the leased building.

The Plaintiffs expressed their intent to refuse the renewal of the instant lease agreement on the ground that the instant building constitutes a risk of safety accidents, such as aging, damage, or partial destruction of the instant building under Article 10(1)7 (b) of the Act. The said declaration of intent was served on the Defendant on January 26, 2018.

On January 31, 2018, the Defendant sent the content-certified mail demanding the renewal of the instant lease agreement to the Plaintiffs.

[Ground of Recognition] Unsatisfy, Gap Nos. 1, 2, and .

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