(영문) 서울북부지방법원 2017.05.17 2016가단150579

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(영문) 서울북부지방법원 2017.05.17 2016가단150579

건물인도

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1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

The plaintiffs asserted that the lease contract entered into with the defendant has been terminated due to the expiration of the term, and at the same time, request the defendant to deliver the real estate stated in the attached Form (hereinafter referred to as the "real estate in this case").

The defendant asserts that the lease contract has not been terminated due to the renewal of the lease contract.

In full view of the purport of the entire pleadings in the evidence Nos. 1 through 3 and No. 1 evidence No. 1, the plaintiffs, on November 5, 2014, leased the real estate of this case, which is a commercial building, to the defendant on Nov. 1, 2016, with a deposit of KRW 140,000,000, monthly rent of KRW 7,000 (in March 11, 2015, an increase of KRW 8,500,000) and the term of the lease from November 10, 2014 to November 9, 2016. The plaintiffs, on November 1, 2016, eight days prior to the expiration of the term of the lease, are recognized.

According to the Commercial Building Lease Protection Act, if a lessor fails to notify a lessor of his/her refusal to renew or to notify a change in the terms and conditions between six months and one month before the term of the lease expires, the lease shall be deemed to have been renewed under the same conditions as the former one at the time the term of the lease expires. In such cases, the term of the lease shall be one year (Article 10(4) and (1). Therefore, the notification of the refusal to renew made by the Plaintiffs eight days before the term

Therefore, since the lease contract is implicitly renewed and at least the lease term is extended until November 9, 2017 (However, if the defendant's request for renewal is legally accepted, it may be extended until November 9, 2018). The plaintiff's assertion based on the expiration of the lease term cannot be accepted.

Therefore, the plaintiffs' claims are dismissed as it is without merit. It is so decided as per Disposition.

참조조문

-상가건물 임대차보호법

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