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(영문) 수원지방법원 2017.04.13 2016가단31561
건물명도등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 1, 201, the Plaintiff: (a) divided the instant building into deposit money of KRW 20 million; and (b) paid one semester ( April 30) and two semesters ( October 31), and leased the instant building from May 1, 201 to February 28, 201, with the term of lease fixed from May 1, 201 to February 28, 2014.

B. B, on May 5, 201, sub-leaseing the instant building to the Defendant on May 5, 201, in installments, 10% of the annual sales of security deposit amounting to KRW 20 million and annual rents.

4. From May 1, 2011 to March 28, 2014, an agreement was made between the payment on October 30 and October 30, 201.

C. The Defendant received delivery of the instant building and operated a car page with the trade name “C”.

On March 1, 2014, the Defendant concluded a contract for the lease of the instant building with the deposit of KRW 20 million, rent of KRW 12 million, one year, and two semesters (including value-added tax) in two installments, and with the payment of KRW 1 semester (4.30.) and two semesters (including October 31.) during the lease period from March 1, 2014 to February 28, 2015. The said lease term was extended from March 1, 2015 to February 29, 2016.

(hereinafter “instant lease agreement”). E.

On January 21, 2016, the Plaintiff expressed an intention not to renew the instant lease agreement to the Defendant, and the Defendant demanded renewal at the expiration of five years as prescribed by the Commercial Building Lease Protection Act. Accordingly, the Plaintiff declared that the Plaintiff leased the instant building from May 1, 201 to April 30, 201.

[Ground of recognition] Unsatisfy, entry in Gap evidence 1 through 3 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion ① The instant building is a school building, not a commercial building, and the Commercial Building Lease Protection Act is not applicable. ② Even if the Commercial Building Lease Protection Act is applicable, the Defendant operated the instant building for more than five years, including the lease period.

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