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(영문) 수원지방법원 2020.11.12 2020가단7527

건물명도등

Text

The defendant shall collect all kinds of machinery and office fixtures from the building indicated in the attached list to the plaintiff and the above building.

Reasons

Comprehensively taking account of the purport of the arguments in Gap evidence Nos. 1 and 4, the plaintiff entered into a lease agreement with the defendant on November 29, 2018 on the lease deposit amount of KRW 30,000,000, monthly rent of KRW 1,500,000, and the lease agreement with the defendant from January 17, 2019 to January 16, 2024 (hereinafter "the lease agreement of this case"). At the same time as the lease agreement of this case, the defendant entered into an agreement with the defendant to take over all the automobile maintenance facilities of the car center of this case, such as lifts used by the plaintiff from the plaintiff to KRW 10,00,00 (hereinafter "the agreement of this case"), and the defendant was not obligated to take over the above 30,000,000 after the lease agreement of this case, and the defendant was not obligated to take over the above 30,000,000,000 after the termination of the lease agreement of this case.

According to these facts, the instant lease contract was lawfully terminated by the expression of intention of termination of the instant case and terminated.

Therefore, the defendant is obligated to collect various kinds of machinery and office used for the automobile maintenance business in the car center in this case and deliver the car center in this case to the plaintiff.

On April 19, 2019, the Defendant already delivered the instant car center to the Plaintiff. However, according to the instant agreement, the Defendant acquired the instant car center from the Plaintiff.