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(영문) 수원지방법원 안산지원 2018.06.27 2017가단64258
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

A. A building indicated in the attached Table at the same time as receiving KRW 12,00,000 from the Plaintiff.

Reasons

1. Basic facts

A. On September 30, 2014, C leased a building listed in the attached list (hereinafter referred to as “instant building”) to the Defendant by setting the lease deposit of KRW 12,00,000, monthly rent of KRW 1,200,000, and the lease period from September 30, 2014 to September 29, 2017.

(hereinafter “Lease of this case”). (b)

The Plaintiff purchased the instant building from C on March 3, 2017, and completed the registration of ownership transfer on April 17, 2017.

C. On July 24, 2017 and August 21, 2017, the Plaintiff notified each of the Defendant of the refusal to renew the lease of this case, which reaches the Defendant around that time.

On July 28, 2017, the Defendant notified the Plaintiff of the demand for renewal of the contract under Article 10(1) of the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”), which reaches the Plaintiff around that time.

E. The Defendant paid to the Plaintiff the tea by March 29, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5 (including virtual number), Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that, as the instant lease agreement was terminated on September 29, 2017, the Defendant is obligated to deliver the instant building to the Plaintiff.

In regard to this, the defendant is running a business after registering the business in the building of this case which is the object leased of this case, so the building of this case is a commercial building subject to the Commercial Building Lease Act, and the defendant demanded the renewal of the contract, so the plaintiff's claim on the expiration of the lease term of this case is groundless.

Even if the instant lease contract was terminated, the Plaintiff’s claim cannot be complied with prior to the refund of KRW 25 million, which entered the office and accommodation of the instant building.

B. In light of the purpose of the Commercial Building Lease Act and the main text of Article 2(1) and Article 3(1) of the same Act, the commercial building lease to which the Commercial Building Lease Act applies.

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