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(영문) 전주지방법원 2017.05.10 2016가단4244
건물명도
Text

1. The defendant is against the plaintiffs:

(a) Of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 4, 3, and 1.

Reasons

1. Facts of recognition;

A. Plaintiff A is the owner of 356.8m2 in Yansan-gu, Jeonju-si, and Plaintiff B is the owner of the real estate indicated in the attached list on the ground of the above real estate, and the Defendant is the lessee of the instant store.

B. On February 2014, the Plaintiffs entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) with the terms that the instant store is KRW 160 million, KRW 3.5 million per month, KRW 3.5 million per month, and the term of lease from February 17, 2014 to February 16, 2016 (hereinafter “instant lease agreement”).

C. Around January 11, 2016, the Defendant requested the Plaintiffs to renew the instant lease agreement. However, on January 15, 2016, the Plaintiffs notified the Defendant that he/she would refuse to renew the instant lease agreement without entering into a lease agreement with a period of one (1) year fixed, monthly rent of KRW 15.9 million, and one (1) year.

The Plaintiffs, from March 2016, refused to receive rent from the Defendant by cancelling the deposit account in Han Bank, which was paid from the Defendant from March 2016, and the Defendant did not pay the rent after February 17, 2016. The Plaintiffs expressed their intention to terminate the instant lease agreement on the grounds that the instant lease agreement was not paid by the Defendant on January 18, 2017 by delivery of the preparatory document as of January 18, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Gap evidence 2-1, 2, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs’ assertion 1) ① The instant lease agreement is the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”).

Therefore, even if the Commercial Building Lease Act applies to the instant lease agreement, the Defendant is unable to request the Plaintiffs to renew the contract, or there is a serious reason to make it difficult to continue the lease under Article 10 (1) 8 of the Commercial Building Lease Act.

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