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(영문) 인천지방법원부천지원 2015.12.04 2015가단111077
건물
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From June 10, 2015, the above-mentioned A

subsection (b).

Reasons

1. Facts of recognition;

A. On June 10, 2010, Co., Ltd., the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”) entered into a lease agreement with the Defendant, setting forth a deposit of KRW 40,000,000 as to the instant real estate, monthly rent of KRW 2,00,000 as well as the period from June 10, 2010 to June 9, 2012.

(hereinafter “instant lease agreement”). B.

After the conclusion of the instant lease agreement, the Defendant used the instant real estate for the notified source.

C. C signed a sales contract for the instant real estate with Co., Ltd. on November 27, 2012, and completed the registration of ownership transfer on December 27, 2012.

C has maintained the instant lease agreement with the Defendant without renewal or alteration after acquiring the ownership of the instant real estate.

The Plaintiff entered into a sales contract with C on September 12, 2014, and completed the registration of ownership transfer on September 30, 2014.

E. Even after the Plaintiff acquired ownership of the instant real estate, the Defendant continued to use the instant real estate, but on March 3, 2015, Jinsan Law Firm, the Plaintiff’s agent sent to the Defendant a letter of content-certified mail that contains an intent to refuse to renew the instant lease agreement, and around that time, the said mail reached the Defendant.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1, 2, and 3 (including each number), the purport of the whole pleadings

2. According to the above facts of determination, pursuant to Article 10(4) of the Commercial Building Lease Protection Act, the instant contract was explicitly renewed on a one-year basis after the expiration of the period on June 9, 2012, and was terminated on June 9, 2015, according to the notification of the Plaintiff’s refusal to renew the contract on March 3, 2015.

On the fifth day from the date of conclusion of the first contract of this case, the defendant is stipulated in Article 10(1) of the Commercial Building Lease Protection Act to the plaintiff.

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