(영문) 대구지방법원 2018.07.24 2017가단133366

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2018.07.24 2017가단133366

건물명도(인도)

Text

1. The defendant shall deliver the building as stated in the attached Form to the plaintiff.

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

Reasons

1. Basic facts

A. On December 26, 2013, the Defendant entered into a lease agreement with B, who was the owner of the building listed in the attached Form (hereinafter “instant building”) with the lease deposit of KRW 20,000,000, monthly rent of KRW 700,000, and the lease term of KRW 24 months (hereinafter “instant lease agreement”), and the said lease agreement has been extended by implied renewal.

B. C purchased the instant building from B on January 24, 2017, and succeeded to the instant lease agreement. On October 27, 2017, C sent to the Defendant a certificate that contains a declaration of intent to refuse to renew the instant lease agreement, and the said certificate of content reaches the Defendant.

C sold the instant building to the Plaintiff on November 18, 2017, and the Plaintiff completed the registration of ownership transfer concerning the instant building on December 29, 2017, and succeeded to the instant lawsuit filed by C.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the instant lease agreement is implicitly renewed, but the Plaintiff’s refusal to renew by means of a content certification as of October 27, 2017 has expired on December 26, 2017. Thus, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff, barring any special circumstance.

B. As to the Defendant’s assertion on the renewal of the contract, the Defendant asserted that the instant lease agreement was renewed by exercising the Defendant’s right to request the renewal of contract until December 26, 2018, but such renewal request should be made between six months and one month before the expiration of the lease term (Article 10(1) of the Commercial Building Lease Protection Act), and there is no evidence to acknowledge that the Defendant requested renewal of the contract to C or the Plaintiff within the said period, and therefore, the instant lease agreement was renewed at the Defendant’s request.

참조조문

-상가건물 임대차보호법 제10조 제1항

유사 판례

-인천지방법원 2020.06.16 2019가단209948

-부산지방법원 2019.04.12 2018나52730

-서울동부지방법원 2016.05.27 2015가단47274

-전주지방법원 2017.09.06 2016가단7380

-대구지방법원서부지원 2016.09.01 2016가단52665