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(영문) 수원지방법원안산지원 2016.01.20 2015가단20315
건물명도
Text

1. The defendant shall order the plaintiff to write down the real estate stated in the attached list.

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

3...

Reasons

On June 26, 201, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant on or before June 26, 201, with a deposit of KRW 30,000,000, monthly rent of KRW 2,000,000, and the lease period of KRW 30,000, July 3, 2011 through July 2, 2013 (hereinafter “instant lease agreement”); and delivered the instant real estate to the Defendant at the time of the commencement of the lease period. The instant lease agreement was explicitly renewed, and the overdue interest was exceeded two minutes since the Plaintiff notified the Defendant of the termination of the contract on or around June 15, 2015, on the ground that there was no dispute between the parties to the contract, or the obligation to terminate the lease agreement was duly acknowledged by adding the purport of the entire pleadings to the Plaintiff on July 15, 2015.

The judgment on the defendant's assertion that the plaintiff did not comply with the above period even though the plaintiff should give notice of termination six months or one month prior to the expiration date of the contract period, and therefore, the notification of termination has no validity, but there is no ground to limit the time of exercising the right to termination on the ground of the rent.

Then, the defendant alleged that many facilities have been invested in the leased object of this case, and that the plaintiff's notification of termination of the contract would abuse rights against the good faith principle even though there was a change in circumstances that it was an economic ties, but it is difficult to evaluate the plaintiff's exercise of the right to termination as a violation of the good faith principle or an abuse of rights at the time of the expiration of the implied renewal contract period.

Finally, the plaintiff's claim is accepted on the ground of the reasons.

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