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(영문) 서울동부지방법원 2016.10.27 2016가단106262
건물명도
Text

1. The part concerning the claim for delay damages in the lawsuit of this case shall be dismissed.

2. The Defendants are to the Plaintiff:

(a) Appendix 1.

Reasons

1. The Plaintiff filed a claim against the Defendants for damages for delay calculated at the rate of each monthly rent specified in the separate sheet No. 2 from March 1, 2016 to the date the delivery of each store is completed or the Plaintiff loses its ownership. However, the claim is not specified, and thus, the lawsuit on this part is unlawful.

2. The judgment (excluding the part of rejection) on the cause of the claim is that the Plaintiff entered into a lease agreement with the Defendants on the monthly rent for each of the relevant stores (hereinafter “relevant stores”) listed in the separate sheet No. 2 attached hereto (hereinafter “the relevant store”) among the buildings listed in the separate sheet No. 1 owned by the Defendants and themselves (hereinafter “the instant building”). The lease agreement was concluded between January 1, 2014 and December 31, 2014; the Defendants occupied and used each of the relevant stores until now, and the fact that the said stores have been occupied and used is not disputed between the parties, and the end of the above lease term as of the date of closing the argument of the instant building is clear from the calendar point.

Therefore, barring special circumstances, the Defendants are obligated to deliver the pertinent store to the Plaintiff, and to pay unjust enrichment equivalent to the rent calculated by the rate of the rent for each of the pertinent stores from March 1, 2016, which the Plaintiff seeks.

3. Determination as to the defendants' defenses, etc.

A. Whether the lease contract is renewed (1) The lease contract between the Plaintiff and the Defendants was renewed in accordance with Article 10(4) of the Commercial Building Lease Protection Act asserted by the Defendants.

(2) If the lessor fails to notify the lessee of the refusal of the renewal or to notify the lessee of the change in the terms and conditions between six months and one month prior to the expiration of the lease term, he/she shall be deemed to have leased the property under the same conditions as the former lease at the expiration of the lease term (Article 10(4) and (1) of the Commercial Building Lease Protection Act). However, the Plaintiff’s certificate No. 5-1 through 10, A’s evidence No. 6, and A’s evidence No. 7-1 through 3, A.

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