(영문) 서울중앙지방법원 2016.03.25 2015가단5300939

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(영문) 서울중앙지방법원 2016.03.25 2015가단5300939

건물명도

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1. The defendant points out of 1, 2, 3, 4, 5 and 1 of the real estate as indicated in the attached real estate indication to the plaintiff.

Reasons

1. On February 1, 2004, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff on the condition that the Plaintiff shall lease KRW 1,2,3,4,5, part (Ga) part (Ga), 60.49 square meters in a ship connected with each of the items in sequence (hereinafter “instant store”) from February 1, 2004, with the lease term of KRW 1 year from February 1, 2004, KRW 20 million, monthly rent of KRW 1.1 million (hereinafter “this case’s lease agreement”). On June 25, 2011, the Defendant continued to lease the instant lease agreement with the lease term of KRW 1,000,000,000 from June 25, 2011, while continuing to renew the instant lease agreement, the Defendant continued to enter into the lease agreement (No. 2,000,000,000 won).

On February 25, 2015, the Plaintiff expressed his/her intent to refuse to renew the contract after June 25, 2015 by content-certified mail to the Defendant.

(Evidence A) (Evidence 5)

2. According to the facts based on the determination as to the cause of the claim, since the instant lease agreement was renewed every year, and terminated on June 25, 2015, the Defendant is obligated to deliver the instant store to the Plaintiff upon the completion of the instant lease agreement, as it was restored to its original state.

3. Judgment on the defendant's assertion

A. The defendant's assertion that the store of this case was spent by the defendant due to the deterioration of the store of this case is not allowed to deliver the store of this case before it is repaid.

B. The agreement that the lessee of a building shall restore the building to its original state and deliver it to the lessor upon the termination of the lease relationship is a special agreement to waive the claim for reimbursement of various beneficial or necessary expenses incurred in the building in advance.

(see, e.g., Supreme Court Decision 95Da12927, Jun. 30, 1995). According to the evidence Nos. 1 and 2, the defendant is subject to the termination of the lease contract in this case.

참조판례

-대법원 1995. 6. 30. 선고 95다12927 판결

유사 판례

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