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(영문) 대전지방법원천안지원 2016.11.30 2015가단16862
건물인도 등
Text

1. From 10,00,000 to 31 August 2016, the Defendant shall deliver the real estate listed in the separate sheet from the Plaintiff to the completion date.

Reasons

1. Basic facts

A. On February 2006, the Defendant leased the real estate indicated in the separate sheet (hereinafter “instant commercial building”) and transferred the right of lease from C that operated the entertainment tavern, and thereafter operated the entertainment tavern in the name of “D” in the said commercial building from that time.

B. After that, on September 30, 201, the Defendant leased KRW 10,000,000, monthly rent of KRW 1,650,000, and the lease term of KRW 24 months from September 30, 2011 and the last day of each month from September 30, 2011 (hereinafter “instant lease contract”), and the Defendant paid KRW 10,000,000,00 for the lease deposit to fixed-si Development Co., Ltd.

C. Around February 12, 2015, the Plaintiff purchased the instant commercial building from Maw Development Co., Ltd. and completed the registration of ownership transfer on March 17, 2015, and succeeded to the lease agreement between Maw-Development Co., Ltd. and the Defendant.

Even after the expiration of the term of lease, the instant lease agreement was implicitly renewed, but on July 9, 2015, the Plaintiff sought to increase the deposit for the instant commercial building to KRW 50,000,000, and the monthly rent to KRW 3,000,000, and there is no intention to re-contract if there is no agreement on the lease deposit and the monthly rent increase. Therefore, if the term of the lease expires, there is no intention to re-contract the building to restore it to its original state and deliver it.

[Ground of recognition] The fact that there is no dispute, Gap's evidence Nos. 1 through 3, fact-finding results on the Northwest-gu Office in this Court, the purport of the whole pleadings

2. Determination:

A. According to the above findings of the determination as to the cause of the claim, the instant lease agreement was terminated on September 29, 2015 at the expiration of the period.

Therefore, the Defendant, barring special circumstances, transfers the instant commercial building to the Plaintiff following the termination of the lease agreement, and is rent until the completion date of the delivery of the instant commercial building.

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