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Reasons
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(영문) 서울중앙지방법원 2019.06.13 2018가단5251960
건물명도(인도)
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1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On May 1, 2017, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with D Co., Ltd., the former owner of the attached list (hereinafter “instant building”) on the lease deposit of KRW 50,000,000, monthly rent of KRW 4,400,000, and the lease term of KRW 1,50,00, from May 1, 2017 to May 14, 2019.

B. On May 26, 2017, the Plaintiffs completed the registration of ownership transfer for each of 1/2 shares of the instant building on May 26, 2017, and entered into a lease modification agreement with the Defendant on June 16, 2017 by succeeding to the status of a lessor of the said lease (the terms of money).

C. On November 6, 2018, Nov. 16, 2018, Nov. 16, 2018, and Nov. 20, 2018, the Plaintiffs sent to the Defendant a certificate of intent not to renew the instant lease agreement.

On November 13, 2018 and November 19, 2018, the Defendant sent to the Plaintiffs proof of the content that the instant lease agreement would be renewed.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, 13 (including virtual number), Eul evidence 2, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The instant building is likely to cause safety accidents, such as aging, damage, or partial destruction, and thus, the Plaintiffs may refuse the lessee’s request for renewal of the contract pursuant to Article 10(1)7 of the Commercial Building Lease Protection Act.

Therefore, the instant lease contract was not renewed.

B. On December 27, 2018, the Plaintiffs notified the Defendant of the renewal of the instant lease agreement on the condition that the deposit for lease under the instant lease agreement would be increased to KRW 250,000,000,000, monthly, and KRW 14,000,000. As such, the instant lease agreement was not renewed implicitly by the Defendant.

C. Therefore, the instant lease agreement was terminated due to the expiration of the period of May 14, 2019.

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