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(영문) 창원지방법원 2016.01.19 2015나1547
건물명도 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On August 27, 2012, the Plaintiff leased the instant store to the Defendant with a deposit of KRW 30,000,000, monthly rent of KRW 800,000, and the lease period from September 21, 2012 to September 20, 2014 (hereinafter “instant contract”).

B. On February 6, 2014, the Plaintiff notified the Defendant that the instant contract will not be renewed since the Plaintiff was scheduled to reconstruct the building in the attached list.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1, the purport of the whole pleadings

2. According to the above facts of recognition, the contract of this case is terminated due to the expiration of the term of lease. Thus, the defendant is obligated to deliver the store of this case to the plaintiff, unless there are special circumstances.

3. Judgment on the defendant's defense, etc.

A. Article 10(1) main text of the Commercial Building Lease Protection Act provides that "The lessee shall not refuse the request for renewal of the contract between six months and one month before the expiration of the term of lease stipulated in the contract of this case pursuant to the Commercial Building Lease Protection Act," and the main text of Article 10(1) of the Commercial Building Lease Protection Act provides that "The lessee shall not refuse the request for renewal of the contract between six months and one month before the expiration of the term of lease," and according to the overall purport of the statement and arguments in subparagraph 3 of subparagraph B, the defendant may recognize the fact that the above mail arrives to the plaintiff on August 14, 2014 by sending a letter verifying the contents of the request for renewal of the contract of this case to the plaintiff, and the contract of this case was concluded before the enforcement of the Commercial Building Lease Protection Act, and it shall be governed by Article 2 of the Addenda of the Commercial Building Lease Lease Protection Act (amended by Act No. 12134, Aug. 13, 2013; hereinafter the same).

2.3.

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