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(영문) 서울서부지방법원 2016.10.07 2016나31507
건물명도
Text

1. Revocation of a judgment of the first instance;

2. The defendant shall be the plaintiff.

(a) An indication of Attached Form 2 among the real estate listed in the Attached List 1;

Reasons

1. Basic facts

A. On October 24, 2012, the Plaintiff, an owner or a lessor holding concurrent office, entered into a lease agreement with the Defendant for one year from November 1, 2012 to October 31, 2013; (1) Of the real estate 15 underground floors attached Table 15, the portion of (a) part of (a) stores 24 to 59.50 square meters in sequence connected each point of (b) stores 26,000, monthly rent of KRW 576,00 ( separate value-added tax); and (b) the lease agreement for 15 and 15 and 2010 and the lease agreement for 10 and 205 and 1000 square meters in sequence (hereinafter “the first shop”); and (c) the lease agreement for 20 and 15 and 201.15 and 201.15 and 201.27 and 201.15 and 201.25 and 16.27, respectively,”

B. After September 30, 2013, the Plaintiff and the Defendant concluded the instant lease agreement with respect to each of the instant stores, setting the period from November 1, 2013 to October 31, 2014.

C. According to each of the instant lease agreements, “A (Plaintiff) and B (Defendant) shall be automatically extended for one year under the same conditions as the instant lease agreement, unless there is a written notice of the expiration of the contract by one of the two months prior to the expiration of the contract term” (Article 4), and “B (i) shall not transfer or sublease this right to a third party without the consent of A, or provide it as a collateral, and if it is inevitable, it shall be performed after the consent of A by presenting the reason in writing to A (Article 9).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1 on May 12, 2014, prior to the expiration of each of the instant lease agreements.

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