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(영문) 광주지방법원 2017.02.09 2016가단504860
건물명도
Text

1. The defendant shall mark the plaintiff with attached drawings in the C2nd floor in Gwangju Mine-gu, 1, 2, 3, 4, 1.

Reasons

1. On March 3, 2015, the Plaintiff entered into a contract with the Defendant as to the order store (hereinafter “instant store”) under which the Defendant would operate the store and occupy the instant store (hereinafter “instant contract”) during the contract period from March 3, 2015 to December 31, 2015. The Defendant is occupying the instant store, and the Plaintiff is determined to refuse the contract renewal on the grounds that the Plaintiff violated the proviso to Article 22(1) of the instant contract, such as selling goods not using the D trademark, which are goods approved by the Plaintiff, in violation of the proviso to Article 22(1) of the instant contract. On December 14, 2015, the Plaintiff may recognize the fact that the Defendant expressed an intention to refuse the renewal of the contract.

(A) The Defendant asserts that the contract term of the instant contract is until March 31, 2020 or that the basic contract term is five years, but the contract term is set on the cover of the instant contract until December 31, 2015, and according to Article 22 of the contract, the maximum operation period on March 31, 2020 refers to the maximum operation period, and the contract term is up to December 31, 2015, and the contract term is up to December 31, 2015, and it is insufficient to reverse the recognition solely on the fact that the contract term is up to five years of the basic contract period specified in the upper part and upper part of the contract. According to the above recognition, the instant contract term is terminated as of March 31, 2020, and the Defendant is obligated to deliver the instant store to the Plaintiff.

2. Regarding the judgment on the Defendant’s assertion, the Defendant asserted that the instant contract should be governed by the Commercial Building Lease Protection Act, as it is similar to that of the lease agreement, and therefore, according to the above facts, the instant contract is operated and managed by the Defendant according to the Plaintiff’s business operation method, and is re-managed by the Plaintiff.

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