(영문) 인천지방법원 부천지원 2018.01.26 2017가단110658

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(영문) 인천지방법원 부천지원 2018.01.26 2017가단110658

건물명도(인도)

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1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. On January 21, 201, the Plaintiff leased the building indicated in the attached list (hereinafter “instant building”) to the Defendant by setting the lease deposit of KRW 10,000,000, monthly rent of KRW 1,000,000, and the lease term from January 21, 201 to January 20, 201.

B. On January 21, 2016, the Plaintiff and the Defendant renewed the said lease agreement with the same content even after the termination of the said lease term, and concluded the lease agreement again (hereinafter “instant lease”) by setting the lease deposit of KRW 12,00,000, monthly rent of KRW 1,000,000, and the lease term from January 21, 2016 to January 20, 2018.

C. On July 7, 2017, the Plaintiff sent a notice of refusal to renew the lease of this case to the Defendant, and the said notice reached the Defendant on July 10, 2017.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 2 to 4 (including a provisional number), and the purport of the whole pleadings

2. Determination:

A. The fact that the copy of the complaint of this case, stating the Plaintiff’s intent to refuse the renewal of the lease of this case, was delivered to the Defendant on September 11, 2017, is apparent in the record, and the lease of this case was terminated on January 20, 2018.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.

B. On July 2017, the Defendant asserted that, since the Plaintiff refused to conclude a lease agreement with the new lessee arranged by the Defendant with respect to the instant building without any justifiable reason, the Plaintiff is liable for compensating the Defendant for the damages therefrom, the Plaintiff is presumed not to conclude a lease agreement even if the Defendant arranged for a new lessee. Therefore, the Plaintiff’s claim for the delivery of the instant building is unreasonable. 2) The lessor’s obligation to compensate for damages arising from the protection of lessee’s opportunity to recover the premium pursuant to the Commercial Building Lease Protection Act is unreasonable.

참조조문

-상가건물 임대차보호법

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