(영문) 서울남부지방법원 2018.06.29 2018가단201232

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(영문) 서울남부지방법원 2018.06.29 2018가단201232

건물명도(인도)

Text

1. The defendant is paid KRW 20,000,000 from the plaintiff, and at the same time, the first floor of the real estate stated in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. On January 4, 2013, the Plaintiff entered into a lease agreement with the Defendant on a deposit of KRW 20 million, monthly rent of KRW 550,00,000, and two years for the lease term of KRW 500,000,000, and the lease term of KRW 660,000,000 for the monthly rent of the above lease contract (hereinafter “the lease agreement in this case”) with the Defendant on January 4, 2017, with regard to the real estate No. 1 story as indicated in the attached list No. 200,000,000, which was linked in order to B, C, D, and A (hereinafter “instant store”).

B. On November 21, 2017, the Plaintiff notified the Defendant of the termination of the instant lease agreement and demanded the presentation of the said store’s name on November 21, 2017, when the said lease agreement had been terminated but the said agreement had been implicitly renewed.

[Ground of recognition] A without dispute, entry of Gap evidence 1 to 6 (including each number, if any) and the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the determination as to the cause of the claim, the instant lease agreement was terminated by the one-year contract for the term of lease under Article 10(4) of the Commercial Building Lease Protection Act, as of January 4, 2017, and was implicitly renewed pursuant to Article 10(4). Since the Plaintiff notified to the effect that it would refuse to renew on November 21, 2017, the instant lease agreement was terminated by the expiration date of January 4, 2018.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant store to the Plaintiff on the grounds of termination of the lease agreement.

B. The defendant's assertion and judgment (1) asserted that the defendant cannot respond to the plaintiff's claim from the plaintiff until the return of the deposit is returned. According to the above facts, the plaintiff is obligated to pay KRW 20,000,000 as the lease contract of this case is terminated, and this is also related to the defendant's duty of delivery of the store of this case. Thus, the defendant is paid KRW 20,000,000 from the plaintiff.

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