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(영문) 부산지방법원 2018.02.22 2017가단14136
건물명도등
Text

1. The Defendant is monthly from April 1, 2017 to the date of completion of delivery of the second floor (121.34 square meters) among the buildings indicated in the attached Form, from among the buildings indicated in the attached Form.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings:

Around February 2009, the Defendant entered into a contract with A to lease the part of the second floor (hereinafter “instant building”) of the attached building (hereinafter “instant building”) (hereinafter “instant building”) with A as security deposit of KRW 10 million, monthly rent of KRW 400,000,000, and the period from March 1, 2009 to two years (hereinafter “instant lease contract”). At that time, the Defendant received delivery of the instant building portion from A, and occupied and used it.

B. On December 1, 2016, the Plaintiff succeeded to the lessor’s status as to the instant building upon obtaining the registration of ownership transfer from A for sale and purchase of the instant building.

C. On March 10, 2017 and March 20, 2017, the Plaintiff sent each of the documents containing the notification requesting the delivery of the instant building portion by March 31, 2017 on the ground that the Plaintiff acquired ownership of the instant building (hereinafter “each of the instant notifications”) to the Defendant by content-certified mail, and it appears that the Plaintiff reached each of the instant notifications to the Defendant around the same time.

2. The assertion and judgment

A. The gist of the parties’ assertion (1) The Plaintiff’s instant lease agreement was terminated by each of the instant notifications.

Nevertheless, the Defendant, without returning the instant building portion to the Plaintiff, did not pay the amount equivalent to the rent after April 1, 2017. Therefore, the Defendant is obligated to deliver the instant building portion and pay the money at the rate of KRW 400,000 per month from April 1, 2017 to the completion date of the delivery.

(2) The Defendant’s instant lease agreement was explicitly renewed pursuant to Article 10(4) of the Commercial Building Lease Protection Act, and was explicitly renewed on March 1, 2017, and continued to exist until February 28, 2018. As such, each of the instant notifications has no validity as the notice of termination of the instant lease agreement.

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