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(영문) 대구지방법원 2017.12.14 2017나8300
건물명도
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) On or around December 2010, the Defendant entered into a lease agreement with D on the following terms: “A lease agreement between D and D on the part (A) of reinforced concrete structure, splate roof indoor golf practice range (hereinafter “instant golf practice range”) with respect to the size of 330 square meters of a monthly rent, without a lease deposit, for the real estate listed in the separate sheet (hereinafter “instant real estate”).

(2) On May 21, 2014, the Plaintiff entered into a sales contract with D on the following terms: (a) the Plaintiff entered into a sales contract with Cheongdo-gun E-gun, Do-gun, 568 square meters of the instant real estate; (b) 31/778 square meters of the F warehouse site; and (c) the agreement to purchase the instant driving range; and (b) completed the registration of ownership transfer on the instant real estate on June 13, 2014.

3) On July 10, 2014, the Defendant entered into a lease agreement between the Plaintiff and the Plaintiff stating that “from the Plaintiff, the term of lease on the instant golf driving range is from July 10, 2014 to July 10, 2015, the monthly rent of KRW 1 million without a deposit for lease” (Evidence 1, 200,000,000).

B) On the other hand, the appraised value of the premium as of May 1, 2016 on the instant golf practice range is KRW 118,724,00 (i.e., the appraised value of tangible and intangible property at KRW 71,324,000 (i.e., the appraised value of tangible and intangible property at KRW 47,400). (c) The relevant statutes related to the instant case are as follows. The Commercial Building Lease Protection Act (hereinafter “The Commercial Building Lease Act”).

(1) Where a lessee requests renewal of a contract between six months and one month before the expiration of the term of lease, a lessor may not refuse such request without justifiable grounds.

Provided, That the foregoing shall not apply to any of the following cases:

7. A lessor shall remove or remove all or part of the target building due to any of the following causes:

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