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(영문) 부산지방법원 2019.12.12 2019가단6313
건물명도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 1, 2015, the Plaintiff: (a) attached Table 2, 3, 6, 5, and 2, connected the Defendant with each point of the attached Table 2, 3, 6, 5, and 2 (hereinafter “instant commercial building”) among the 1st 85.25 square meters of the building indicated in the attached Table 1st 85.25 square meters; (b) determined and leased the same as deposit money of KRW 20 million, monthly rent of KRW 750,000, and the term of lease from April 1, 2015 to March 30, 2017.

B. The Plaintiff and the Defendant concluded a renewal contract to increase the monthly rent of the instant commercial building to KRW 1.3 million and to extend the term of the lease to March 31, 2019, when the said term of the lease expires.

C. On March 5, 2019, the Defendant sent to the Plaintiff a written notification demanding renewal of the term of the said lease agreement by March 31, 2025.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. The Plaintiff’s assertion and determination were that the lease contract for the instant commercial building was terminated on March 31, 2019, and thus, the Plaintiff sought the transfer of the instant commercial building against the Defendant.

Pursuant to Article 10 (1) of the Commercial Building Lease Protection Act, where a lessee requests renewal of a contract six months to one month before the expiration of the lease term, a lessor shall not refuse such request without justifiable grounds, and where a lessor fails to notify the lessee of the refusal or change of the terms and conditions within the said period pursuant to paragraph (4) of the same Article, the lessor shall be deemed to have renewed the lease under the same conditions as the former lease at the expiration of the lease term, and in such cases, the lease term shall be deemed one year.

There is no evidence to acknowledge that the Plaintiff notified the Defendant of the rejection of renewal or the change of the conditions from March 31, 2019 to six months before the expiration of the renewed lease term with respect to the instant commercial building, and therefore, the said lease term was extended to March 31, 2020, as it was implicitly renewed for at least one year, and its lease term was extended to March 31, 202.

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