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(영문) 서울중앙지방법원 2016.04.22 2015가단137914
건물명도
Text

1. On September 23, 2016, the Defendant indicated the attached Form No. 1, 2, 3, 4, and 1 among the ground floors of the attached Form No. 1, 2, 3, 4, and 1 to the Plaintiff.

Reasons

1. Basic facts

A. 1) On February 21, 2014, the Plaintiff and the Plaintiff’s spouse, C purchased the attached building from D, the former owner on February 21, 2014, and completed the procedure for the registration of ownership transfer on June 25, 2015. 2) C delegated the Plaintiff with both the management authority, such as the request for extradition, and the disposal authority as to the attached building.

B. The Defendant’s lease contract 1) On August 31, 2013, the part (A) in the ship (hereinafter “instant store”) which connects each point of the 1, 2, 3, 4, and 1 attached Form No. 1 among the branch floors of the building indicated in the attached Form from D, in sequence, is 15 square meters (hereinafter “instant store”).

(2) On September 23, 2013, the term of lease was from September 22, 2014 to September 22, 2014; deposit was KRW 15 million; and rent was KRW 100,000,000 per month. (2) The Defendant, on September 23, 2013, operated a coffee shop after completing business registration with the trade name “E”, having the location of the instant store.

In May 1, 2014, the fixed date was granted to the above lease contract.

3) On November 30, 2014, the Defendant increased the monthly rent of KRW 1050,000 (excluding value-added tax) between D and concluded a re-contract with the content that extends the lease period to September 22, 2016. [The facts that there is no dispute over the grounds for recognition, evidence Nos. 1 through 4-2, evidence Nos. 1 through 4-2, and evidence Nos. 1 through 5-2, and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. 1) The Plaintiff’s assertion 1) and C succeeded to the lessor’s status of the instant store. The attached building constitutes grounds for refusal of contract renewal under Article 10(1)7 of the Commercial Building Lease Protection Act, since it is a old-age building newly constructed on July 26, 1980, which is likely to cause safety accidents. Accordingly, the Defendant is obligated to deliver the instant store to the Plaintiff on the day following the expiration of the lease term, as the written document served on March 21, 2016, was refused to renew the lease.

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