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(영문) 대구지방법원 2016.11.11 2016가단104064
건물명도
Text

1. Plaintiffs: A.

The defendants deliver the real estate stated in the attached Table, and B.

Defendant C shall be 1,800.

Reasons

1. Facts of recognition;

A. On January 25, 2006, the Plaintiffs concluded a lease agreement with Defendant C, setting the lease deposit amount of KRW 5 million, KRW 350,000 per month, and the lease term from February 10, 2006 to February 20, 2009, with the real estate in the separate list owned by the Plaintiffs (hereinafter “instant real estate”).

In the event that the instant real estate is included in the rebuilding as a special contract at the time of the above lease agreement, the lessee transferred the subject matter to the lessor without any condition, and the lessee returned to the original state when the lease contract is terminated, and the rent was increased by KRW 400,000 from February 20, 2007.

Since then, the above lease contract has been renewed, and the plaintiffs and defendant C entered into a contract with the purport of increasing the rent to KRW 450,000 per month on February 15, 2013. The term of lease was not specified at the time of the above contract, and the special terms and conditions of the previous lease contract are applied as they are.

(hereinafter “instant lease agreement”). B.

Defendant D has completed business registration with the trade name of “E” as the location of the instant real estate on February 16, 2006, and thereafter, Defendant D operated the said restaurant in the instant real estate from around that time.

C. On August 6, 2015, Plaintiff A sent notice to Defendant C on February 9, 2016, stating that the lease term of the instant lease expires and there is no intention to renew. D.

Defendant C delayed 1.8.8.8.8., 2015.11., 2015.12., 2015.12., and 2016.2.

[Ground of recognition] Facts without dispute, Gap 1 to 8 evidence, Eul 1 to 3 evidence (including each number), the purport of the whole pleadings

2. Determination on the cause of the claim

(a) A lease, the term of which is not fixed or the term of which is less than one year, upon determining the request for extradition of a commercial building, shall be deemed one year (Article 9(1) of the Commercial Building Lease Protection Act), and the term of which is implicitly renewed.

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