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(영문) 서울서부지방법원 2018.04.26 2017가단227540
건물명도(인도)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Around April 1, 2014, the Plaintiff entered into a commercial building lease agreement with the Defendant to lease the instant building. On February 12, 2016, the Plaintiff renewed the lease deposit of KRW 40 million, monthly rent of KRW 24 million (excluding value-added tax), and the lease term from April 1, 2016 to March 31, 2018.

(hereinafter “instant lease agreement”). B.

Meanwhile, the Plaintiff declared that the lease contract of this case was terminated by the delivery of a copy of the complaint of this case, asserting that the Defendant incurred water leakage, etc. in the instant building, and the Defendant expressed his/her intent to demand the renewal of the lease contract of this case by the delivery of a preparatory document dated November 6, 2017.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination:

(a) Article 2 (Scope of Application) of the Commercial Building Lease Protection Act in the related Acts and subordinate statutes (1) shall apply to lease (including cases where the main part of the leasehold property is used for business purposes) of commercial buildings (referring to buildings subject to business registration under Article 3 (1));

Provided, That this shall not apply to lease the amount of security deposit exceeds that prescribed by Presidential Decree.

(2) The amount of security deposit under the proviso to paragraph (1) shall be determined by classifying it by area in consideration of economic conditions of the relevant area, the scale of lease object, etc., but if it is the difference other than the security deposit, it shall include the amount converted by the rate prescribed by Presidential Decree by taking into account the loan interest rate, etc. of banks under the Banking

Article 10 (Request, etc. for Contract Renewal) (1) Where a tenant requests the renewal of a contract between six months and one month before the expiration of the term of lease, a landlord may not refuse such request without justifiable grounds.

Provided, That the foregoing shall not apply to any of the following cases:

1. Three leasees;

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