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(영문) 서울서부지방법원 2015.05.01 2014가단47491

건물명도

Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. On March 1, 2012, the Defendant leased a building listed in the separate sheet from C as KRW 22,560,000, monthly rent of KRW 1,000,000, and the lease period of KRW 12 months from March 1, 2012.

B. The Plaintiff purchased the above building and completed the registration of ownership transfer on May 7, 2013, and thereafter completed the same year.

9. 23. A lawsuit was filed against the Defendant seeking delivery of the said building by this Court No. 2013Ga36999.

On October 31, 199, when the above lawsuit was in progress, the plaintiff and the defendant agreed that the deposit shall be KRW 25,000,000, monthly rent shall be KRW 1,500,000, and the amount of value-added tax shall be additionally paid if the lease area is reduced by two evaluations, and the amount of value-added tax shall be additionally paid if the lease area is used. The plaintiff withdrawn the above lawsuit on November 20, 199.

C. On November 21, 2014, the Plaintiff notified the Defendant of the termination of the lease agreement on February 28, 2015, when the said lease term expires.

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

2. The Plaintiff asserts that the Plaintiff is obligated to deliver the said building to the Plaintiff, on the grounds that the lease on the said building has expired on February 28, 2015, as the lease term for the said building has expired.

On the other hand, the defendant asserts that the term of lease has not yet expired since he/she agreed to lease the above building more than three and four years while the redevelopment project in the vicinity is being implemented at the time of the above agreement with the plaintiff.

The fact that the plaintiff filed a lawsuit against the defendant seeking the delivery of the above building, but decided to increase the rental deposit, monthly rent, etc., and the withdrawal of the lawsuit is as seen earlier.

However, at the time of the agreement, the extension of the term of lease, one of the most important factors in the commercial lease, was not entered in the agreement at all, and rather, decided to be a director without the condition of the termination of the term of lease.