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(영문) 의정부지방법원 2019.05.29 2018가합54170
부동산명도 청구의 소
Text

1. The Defendant’s KRW 270,700 as well as the Plaintiff’s annual rate of KRW 6% from December 18, 2018 to May 29, 2019.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a company that carries on the manufacturing business of environment-related facilities and real estate rental business. 2) The Defendant is a company that carries on the manufacturing and selling business of de facto fish.

B. On January 20, 2016, the Plaintiff leased three units of land and factory buildings listed in the attached list (hereinafter “instant real estate”) to the Defendant by setting the lease deposit of KRW 20 million, monthly rent of KRW 300,000 (including value-added tax) and the lease term from March 15, 2016 to March 14, 2018.

(hereinafter referred to as the “instant lease contract”). (C)

On February 14, 2018, the Plaintiff urged the Defendant to deliver the instant real estate by March 14, 2018, when the term of the instant lease expires. 2) The Plaintiff urged the Defendant to deliver the instant real estate to the Defendant on April 6, 2018, and to compensate for damages equivalent to the rent calculated by the ratio of KRW 5 million per month until the delivery is completed.

On August 22, 2018, the Defendant delivered the instant real estate to the Plaintiff. On the same day, the Plaintiff returned KRW 20 million to the Defendant on the same day.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination

A. According to the above facts, the instant lease agreement was terminated on March 14, 2018. (2) As to this, the Defendant demanded the Plaintiff to renew the instant lease agreement to a policeman on December 2017, and accordingly, the instant lease agreement was renewed pursuant to Article 10 of the Commercial Building Lease Protection Act.

The lease of commercial buildings, to which the Commercial Building Lease Protection Act applies, is a lease which is a commercial building subject to business registration and is used for the commercial purpose of profit-making.

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