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(영문) 서울남부지방법원 2017.11.02 2016가합106354
건물인도 등 청구의 소
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant):

A. KRW 200,000,000 from the Plaintiff (Counterclaim Defendant).

Reasons

On December 15, 2010, the Defendants entered into a lease agreement with Nonparty D and four others, and the building indicated in the separate sheet, with a deposit of KRW 200 million, monthly rent of KRW 10 million, and the lease term of KRW 10 million from February 11, 201 to two years from February 11, 201.

(A) On December 1, 2010, around the time when the above contract was concluded, Defendant B entered into a contract for the transfer and acquisition of a business entity with E and premium of KRW 240,000,00,00,00 for the former lessee under Article 111 of the former Act, and the Defendants received delivery of the above building from the above E and operated the F B house until the day of the closing of argument.

The Plaintiff entered into the instant lease agreement, on September 15, 201, purchased the former No. 111 from the foregoing D and four other persons on September 15, 201, and registered the division into the building indicated in the attached list No. 2-A and Paragraph (b).

On March 4, 2013, the Plaintiff entered into a lease agreement with the Defendants on the instant real estate (hereinafter “instant lease”) (hereinafter “instant lease”) with the term of KRW 20 million, KRW 12.8 million per month, and the term of the lease was three years from February 21, 2013 to February 20, 2016.

On November 10, 2015, the Plaintiff, such as the Plaintiff’s request for delivery of the building and the Defendants’ request for renewal, sent to the Defendants a certificate of content that the instant lease was terminated on the expiration of the period of February 20, 2016, and the said date requested delivery of the instant real estate.

For this reason, the Defendants are separate from the previous lease contract and the instant lease contract through the notification on December 10, 2015. Therefore, the five-year lease period guaranteed by Article 10(2) of the Commercial Building Lease Protection Act (hereinafter “Act”) should be calculated from February 21, 2013, which is the start date of the lease term of this case, and thus, the contract renewal for the remaining two-year period is renewed.

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