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(영문) 수원지방법원 2015.04.10 2014나35324
토지인도
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall receive KRW 20,000,000 from the plaintiff at the same time.

Reasons

1. Facts of recognition;

A. On September 16, 201, the Plaintiff entered into a lease agreement between the Defendant and the Defendant with respect to each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estate”), whereby the deposit amount is KRW 20 million, the lease period is from October 30, 201 to October 30, 2013, and the monthly rent is KRW 2 million (hereinafter “instant lease agreement”). Around that time, the Plaintiff received from the Defendant the lease deposit amount of KRW 20 million, and handed over each of the instant real estate to the Defendant.

B. Meanwhile, on August 20, 2013, the content-certified mail stating the Plaintiff’s declaration of refusal to renew the instant lease agreement reaches the Defendant on August 20, 2013, two months before the expiration date of the said lease term.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 2 (including branch numbers, if any) and the purport of the whole pleadings

2. According to the facts of the judgment on the cause of the claim, the instant lease between the Plaintiff and the Defendant was terminated on October 30, 2013, and thus, the Defendant is obligated to deliver each of the instant real estate to the Plaintiff, barring any special circumstance.

3. Judgment on the defendant's defense

A. 1) The Defendant’s defense of renewal is the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”).

) Pursuant to Article 10(1) of the Commercial Building Lease Protection Act, the Plaintiff requested the renewal of the instant lease agreement to the Plaintiff orally before the expiration of the lease term, and the Plaintiff asserted that the instant lease agreement was renewed on the grounds that there were no grounds for refusing to renew the renewal under the proviso of Article 10(1) of the Commercial Building Lease Protection Act. 2) In light of Article 10(1) of the Commercial Building Lease Protection Act, the lessor may not refuse it without justifiable grounds if the lessee requests renewal of the contract between six months and one month before the expiration of the lease term.

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