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(영문) 서울북부지방법원 2017.09.14 2017가단112154
건물명도(인도)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 10, 2009, the Defendant entered into a lease agreement (hereinafter “previous lease agreement”) with approximately 3 square meters on the lease deposit, monthly rent of KRW 200,000,000,000,000,000 from March 1, 2009 to March 1, 201, between D and D, with the name of “E” and the said lease agreement was continuously renewed later.

B. On January 15, 2016, the Plaintiff purchased the instant building from D, and completed the registration of ownership transfer concerning the said building on March 31, 2016, and completed remodeling construction for the said building.

C. On May 6, 2016, the Defendant: (a) 3 million won as lease deposit and monthly rent of KRW 250,000,00,00,000 as to the part (A) part (hereinafter “the part of the instant building”) connected the Plaintiff’s each point of the attached drawing Nos. 2,3,4,5, and 2,000,000 won among the instant building from the Plaintiff.

9. The term of lease is fixed from May 9, 2016 to May 8, 2017 (hereinafter “instant lease agreement”). The lease agreement to be leased is concluded (hereinafter “instant lease agreement”).

A) Upon entering into a contract, the Plaintiff paid KRW 3 million the lease deposit to the Plaintiff, and received the delivery of the above building part, and continue to operate the NAE business in the name of “E” at this place until now. [In the absence of dispute over the grounds for recognition, each entry in Gap’s 1, 2, and 4, Eul’s 1, and 2, Eul’s 4-1, and Eul’s 4-2, the purport of the entire pleadings and arguments

2. The parties' assertion

A. The entire term of lease of the Defendant alleged by the Plaintiff, including the term of lease under the previous lease agreement that the Plaintiff succeeded, has exceeded eight years, and the Defendant cannot request renewal of the lease under Article 10 of the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”), and the Plaintiff has three times.

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