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(영문) 서울중앙지방법원 2019.06.13 2018가단5262656
건물명도(인도)
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On May 1, 2017, D Co., Ltd. (hereinafter “D”) entered into a lease agreement (hereinafter “instant lease agreement”) with E, a former owner of the attached list (hereinafter “instant building”) whereby the lease deposit was KRW 50,000,000, monthly rent of KRW 4,400,000, and the lease term was from May 1, 2017 to May 14, 2019.

B. On the same day, the Defendant concluded a sub-lease contract between the Plaintiff and D with the content of sub-leaseing part of the above three floors from D.

C. On May 26, 2017, the Plaintiffs completed the registration of ownership transfer for each of 1/2 shares of the instant building on May 26, 2017, and entered into a lease modification agreement with D on June 16, 2017, which succeeds to the status of a lessor of the said lease (the terms of money).

On November 6, 2018, Nov. 16, 2018, Nov. 16, 2018, and Nov. 20, 2018, the Plaintiffs sent to D a certificate of intent not to renew the instant lease agreement.

On November 13, 2018 and November 19, 2018, D sent to the Plaintiffs proof of the content that the Plaintiffs wish to renew the instant lease agreement.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 6 (including virtual number), the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The instant building is likely to cause safety accidents, such as aging, damage, or partial destruction, and thus, the Plaintiffs may refuse the lessee’s request for renewal of the contract pursuant to Article 10(1)7 of the Commercial Building Lease Protection Act.

Therefore, the instant lease contract was not renewed.

B. In addition, on December 27, 2018, the Plaintiffs notified D of the renewal of the instant lease contract on the condition that the lease deposit for the instant lease contract should be increased to KRW 250,000,000, monthly, and KRW 14,000,000. As such, the instant lease contract is not renewed.

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