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(영문) 대구지방법원 2020.06.19 2019가단146885
건물명도 등
Text

1. Of the instant lawsuit, the part of the primary claim seeking the name map of the building shall be dismissed.

2. The plaintiff's primary claim is in place.

Reasons

1. Facts of recognition;

A. On September 16, 2014, the Defendant entered into a lease agreement with Nonparty C, stating that the lease deposit amount of KRW 10,000,000, monthly rent of KRW 600,000, and the lease term of KRW 2 years from November 16, 2014 to November 15, 2016 (hereinafter “instant lease agreement”).

B. The instant lease agreement has been explicitly renewed thereafter.

C. On January 26, 2018, the Plaintiff purchased the instant real estate and acquired its ownership.

The Plaintiff wished to receive an order for the renewal of the instant real estate without any longer extension of the term upon termination of the lease agreement with the Defendant. However, on September 27, 2019, the Defendant notified the Defendant of the demand for renewal of the lease under the same conditions as the previous conditions through content-certified mail, and the said content-certified mail sent to the Plaintiff on October 1, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 5 (including branch numbers), Eul evidence 1 and 2, the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff's assertion is that "the right to request the renewal of the contract of the tenant is extended by up to ten years, and the whole term of the lease, including the term of the lease of the lease concluded between the original defendant pursuant to the Commercial Building Lease Protection Act, which has been extended by ten years, is guaranteed ten years," and the defendant claims that "the building name of this case should be ordered to order the plaintiff at the same time when he receives the deposit amount of KRW 12,155,062 to be increased on November 15, 2024 when the lease contract is terminated."

In addition, the Plaintiff did not request the Defendant to increase the deposit or rent, even once after the first lease contract was concluded, in addition to the special terms and conditions of the instant lease agreement (the rent 6.0 is to reflect the increase in the rate of 5% or less in proportion to the price fluctuation at intervals of two years after the next lease). The Plaintiff did not request the Defendant to increase the deposit or rent once after the first lease contract.

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