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(영문) 서울중앙지방법원 2019.09.19 2019가단5077183
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) each building listed in Schedule 1, 2, 3, and 4 and each building listed in Schedule 1, paragraph 5;

Reasons

1. Facts of recognition;

A. On September 5, 2014, the Plaintiff provided the Defendant with each part of paragraph (1) of the order (hereinafter collectively referred to as “instant store”) among the first floor of Seocho-gu Seoul Metropolitan Government C building 1 (D-E), for the purpose of selling the F goods, and the Defendant shall pay 9% of the monthly sales price to the Plaintiff at the monthly fee. The contract term was concluded with the sales commission agreement (hereinafter referred to as “instant contract”) with the content that from September 19, 2014 to June 30, 2016.

B. Thereafter, on May 31, 2016, the Defendant notified the Plaintiff of the demand for the renewal of the instant contract.

C. In Seoul Central District Court 2016Gahap548174, the Plaintiff filed a claim against the Defendant for the transfer of the instant store by asserting that the instant contract had expired on June 30, 2016, but the said court rendered a judgment dismissing the Plaintiff’s claim for the delivery of the instant store on July 1, 2016, based on the Defendant’s request for renewal on May 31, 2016, deeming that the instant contract was renewed on the same condition as that prior to July 1, 2016.

Even in the case of Seoul High Court 2017Na2025602, the appellate court of the foregoing case, was sentenced to dismissal of the Plaintiff’s claim for delivery on September 29, 2017. On November 8, 2017, the said judgment became final and conclusive on October 25, 2017 by ordering dismissal of the petition for appeal.

On February 22, 2019, the Plaintiff notified the Defendant of the termination of the instant contract, and notified the instant store to restore it to its original state by September 18, 2019.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 5, Eul's evidence 2-1, 2, and the purport of whole pleading

2. The assertion and judgment

A. The Plaintiff’s assertion by the parties is that the instant contract was renewed under the same condition as before July 1, 2016, and its renewed contract term is up to April 12, 2018, and again, the contract term is extended implicitly pursuant to Article 10(4) of the Commercial Building Lease Protection Act until April 12, 2019.

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