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(영문) 대구지방법원 경주지원 2018.02.20 2017가단12106
건물명도(인도)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 4, 2014, the Plaintiff: (a) the part of each building indicated in paragraph (1) (hereinafter “the leased object of this case”) among the buildings listed in attached Table 1, which are buildings for the use of a clinic (a hospital); and (b) the Defendant.

20,000,000 won, monthly rent of 20,000,000 won (payment on 30,000 per month, period of lease 2014

5. From 30. to May 30, 2017, a lease was made (hereinafter “instant lease agreement”).

B. After entering into the instant lease agreement, the Plaintiff received the full amount of the deposit from May 30, 2014, and delivered the instant leased object to the Defendant on May 30, 2014, and the Defendant has used the leased object for the hospital from the date of delivery.

C. On December 27, 2016 and March 8, 2017, the Plaintiff sent to the Defendant a content-certified mail indicating his/her intent not to renew each of the instant lease agreements, and around that time, each of the content-certified mail sent to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 3, the purport of the whole pleadings

2. The assertion and judgment

A. Since the lease of this case as to the purport of the Plaintiff’s assertion ends on May 30, 2017, the Defendant is obligated to deliver the leased object of this case to the Plaintiff, and to pay unjust enrichment equivalent to the rent in proportion to the rate of KRW 2 million from June 1, 2017 to the completion date of delivery of the leased object of this case.

B. 1) If a tenant requests the renewal of the contract between six months and one month before the expiration of the lease term, the lessor of the commercial building may not refuse the contract without justifiable grounds (Article 10(1) of the Commercial Building Lease Protection Act). In addition, Article 2(1) of the Commercial Building Lease Protection Act applies to the lease exceeding the amount guaranteed under the proviso of Article 2(1) of the Commercial Building Lease Protection Act (a commercial building).

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